40 CFR 19.4 - Penalty adjustment and table.

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§ 19.4 Penalty adjustment and table.
The adjusted statutory penalty provisions and their applicable amounts are set out in Table 1. The last column in the table provides the newly effective statutory civil penalty amounts.
Table 1 of Section 19.4 —Civil Monetary Penalty Inflation Adjustments
U.S. Code Citation Environmental statute Statutory penalties, as enacted Penalties effective after January 30, 1997 through March 15, 2004 Penalties effective after March 15, 2004 throughJanuary 12, 2009 Penalties effective after January 12, 2009 throughDecember 6, 2013 Penalties effective afterDecember 6, 2013
1 Note that 33 U.S.C. 1414b (d)(1)(B) contains additional penalty escalation provisions that must be applied to the penalty amounts set forth in this Table. The amounts set forth in this Table reflect an inflation adjustment to the calendar year 1992 penalty amount expressed in section 104B(d)(1)(A), which is used to calculate the applicable penalty amount under MPRSA section 104B(d)(1)(B) for violations that occur in any subsequent calendar year.
2 CACSO was passed on December 21, 2000 as part of Title XIV of the Consolidated Appropriations Act of 2001, Pub. L. 106-554, 33 U.S.C. 1901 note.
3 The original statutory penalty amounts of $20,000 and $50,000 under section 1432(c) of the SDWA, 42 U.S.C. 300i-1(c), were subsequently increased by Congress pursuant to section 403 of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, Public Law No. 107-188 (June 12, 2002), to $100,000 and $1,000,000, respectively. EPA did not adjust these new penalty amounts in its 2004 Civil Monetary Penalty Inflation Adjustment Rule (“2004 Rule”), 69 FR 7121 (February 13, 2004), because they had gone into effect less than two years prior to the 2004 Rule.
4 Consistent with how the EPA's other penalty authorities are displayed under Part 19.4, this Table now delineates, on a subpart-by-subpart basis, the penalty authorities enumerated under section 325(b) of EPCRA, 42 U.S.C. 11045(b) (i.e., 42 U.S.C. 11045(b)(1)(A), (b)(2), and (b)(3)).
7 U.S.C. 136l.(a)(1) FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA) $5,000 $5,500 $6,500 $7,500 $7,500
7 U.S.C. 136l.(a)(2) FIFRA $500/$1,000 $550/$1,000 $650/$1,100 $750/$1,100 $750/$1,100
15 U.S.C. 2615(a)(1) TOXIC SUBSTANCES CONTROL ACT (TSCA) $25,000 $27,500 $32,500 $37,500 $37,500
15 U.S.C. 2647(a) TSCA $5,000 $5,500 $6,500 $7,500 $7,500
15 U.S.C. 2647(g) TSCA $5,000 $5,000 $5,500 $7,500 $7,500
31 U.S.C. 3802(a)(1) PROGRAM FRAUD CIVIL REMEDIES ACT (PFCRA) $5,000 $5,500 $6,500 $7,500 $7,500
31 U.S.C. 3802(a)(2) PFCRA $5,000 $5,500 $6,500 $7,500 $7,500
33 U.S.C. 1319(d) CLEAN WATER ACT (CWA) $25,000 $27,500 $32,500 $37,500 $37,500
33 U.S.C. 1319(g)(2)(A) CWA $10,000/$25,000 $11,000/$27,500 $11,000/$32,500 $16,000/$37,500 $16,000/$37,500
33 U.S.C. 1319(g)(2)(B) CWA $10,000/$125,000 $11,000/$137,500 $11,000/$157,500 $16,000/$177,500 $16,000/$187,500
33 U.S.C. 1321(b)(6)(B)(i) CWA $10,000/$25,000 $11,000/$27,500 $11,000/$32,500 $16,000/$37,500 $16,000/$37,500
33 U.S.C. 1321(b)(6)(B)(ii) CWA $10,000/$125,000 $11,000/$137,500 $11,000/$157,500 $16,000/$177,500 $16,000/$187,500
33 U.S.C. 1321(b)(7)(A) CWA $25,000/$1,000 $27,500/$1,100 $32,500/$1,100 $37,500/$1,100 $37,500/$2,100
33 U.S.C. 1321(b)(7)(B) CWA $25,000 $27,500 $32,500 $37,500 $37,500
33 U.S.C. 1321(b)(7)(C) CWA $25,000 $27,500 $32,500 $37,500 $37,500
33 U.S.C. 1321(b)(7)(D) CWA $100,000/$3,000 $110,000/$3,300 $130,000/$4,300 $140,000/$4,300 $150,000/$5,300
33 U.S.C. 1414b(d)(1) 1 MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT (MPRSA) $600 $660 $760 $860 $860
33 U.S.C. 1415(a) MPRSA $50,000/$125,000 $55,000/$137,500 $65,000/$157,500 $70,000/$177,500 $75,000/$187,500
33 U.S.C. 1901 note (see 1409(a)(2)(A)) CERTAIN ALASKAN CRUISE SHIP OPERATIONS (CACSO) $10,000/$25,000 $10,000/$25,000 2 $10,000/$25,000 $11,000/$27,500 $11,000/$27,500
33 U.S.C. 1901 note (see 1409(a)(2)(B)) CACSO $10,000/$125,000 $10,000/$125,000 $10,000/$125,000 $11,000/$137,500 $11,000/$147,500
33 U.S.C. 1901 note (see 1409(b)(1)) CACSO $25,000 $25,000 $25,000 $27,500 $27,500
42 U.S.C. 300g-3(b) SAFE DRINKING WATER ACT (SDWA) $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 300g-3(g)(3)(A) SDWA $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 300g-3(g)(3)(B) SDWA $5,000/$25,000 $5,000/$25,000 $6,000/$27,500 $7,000/$32,500 $7,000/$32,500
42 U.S.C. 300g-3(g)(3)(C) SDWA $25,000 $25,000 $27,500 $32,500 $32,500
42 U.S.C. 300h-2(b)(1) SDWA $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 300h-2(c)(1) SDWA $10,000/$125,000 $11,000/$137,500 $11,000/$157,500 $16,000/$177,500 $16,000/$187,500
42 U.S.C. 300h-2(c)(2) SDWA $5,000/$125,000 $5,500/$137,500 $6,500/$157,500 $7,500/$177,500 $7,500/$187,500
42 U.S.C. 300h-3(c) SDWA $5,000/$10,000 $5,500/$11,000 $6,500/$11,000 $7,500/$16,000 $7,500/$16,000
42 U.S.C. 300i(b) SDWA $15,000 $15,000 $16,500 $16,500 $21,500
42 U.S.C. 300i-1(c) SDWA $20,000/$50,000 $22,000/$55,000 3 $100,000/$1,000,000 $110,000/$1,100,000 $120,000/$1,150,000
42 U.S.C. 300j(e)(2) SDWA $2,500 $2,750 $2,750 $3,750 $3,750
42 U.S.C. 300j-4(c) SDWA $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 300j-6(b)(2) SDWA $25,000 $25,000 $27,500 $32,500 $32,500
42 U.S.C. 300j-23(d) SDWA $5,000/$50,000 $5,500/$55,000 $6,500/$65,000 $7,500/$70,000 $7,500/$75,000
42 U.S.C. 4852d(b)(5) RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT OF 1992 $10,000 $11,000 $11,000 $16,000 $16,000
42 U.S.C. 4910(a)(2) NOISE CONTROL ACT OF 1972 $10,000 $11,000 $11,000 $16,000 $16,000
42 U.S.C. 6928(a)(3) RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 6928(c) RCRA $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 6928(g) RCRA $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 6928(h)(2) RCRA $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 6934(e) RCRA $5,000 $5,500 $6,500 $7,500 $7,500
42 U.S.C. 6973(b) RCRA $5,000 $5,500 $6,500 $7,500 $7,500
42 U.S.C. 6991e(a)(3) RCRA $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 6991e(d)(1) RCRA $10,000 $11,000 $11,000 $16,000 $16,000
42 U.S.C. 6991e(d)(2) RCRA $10,000 $11,000 $11,000 $16,000 $16,000
42 U.S.C. 7413(b) CLEAN AIR ACT (CAA) $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 7413(d)(1) CAA $25,000/$200,000 $27,500/$220,000 $32,500/$270,000 $37,500/$295,000 $37,500/$320,000
42 U.S.C. 7413(d)(3) CAA $5,000 $5,500 $6,500 $7,500 $7,500
42 U.S.C. 7524(a) CAA $2,500/$25,000 $2,750/$27,500 $2,750/$32,500 $3,750/$37,500 $3,750/$37,500
42 U.S.C. 7524(c)(1) CAA $200,000 $220,000 $270,000 $295,000 $320,000
42 U.S.C. 7545(d)(1) CAA $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 9604(e)(5)(B) COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 9606(b)(1) CERCLA $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 9609(a)(1) CERCLA $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 9609(b) CERCLA $25,000/$75,000 $27,500/$82,500 $32,500/$97,500 $37,500/$107,500 $37,500/$117,500
42 U.S.C. 9609(c) CERCLA $25,000/$75,000 $27,500/$82,500 $32,500/$97,500 $37,500/$107,500 $37,500/$117,500
42 U.S.C. 11045(a) EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA) $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 11045(b)(1)(A) 4 EPCRA $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 11045(b)(2) EPCRA $25,000/$75,000 $27,500/$82,500 $32,500/$97,500 $37,500/$107,500 $37,500/$117,500
42 U.S.C. 11045(b)(3) EPCRA $25,000/$75,000 $27,500/$82,500 $32,500/$97,500 $37,500/$107,500 $37,500/$117,500
42 U.S.C. 11045(c)(1) EPCRA $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 11045(c)(2) EPCRA $10,000 $11,000 $11,000 $16,000 $16,000
42 U.S.C. 11045(d)(1) EPCRA $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 14304(a)(1) MERCURY-CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT ACT (BATTERY ACT) $10,000 $10,000 $11,000 $16,000 $16,000
42 U.S.C. 14304(g) BATTERY ACT $10,000 $10,000 $11,000 $16,000 $16,000
[78 FR 66647, Nov. 6, 2013]

Title 40 published on 2014-07-01.

No entries appear in the Federal Register after this date, for 40 CFR Part 19.

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