ENVIRONMENTAL PROTECTION AGENCY FINAL RULE FOR MAXIMUM PENALTies

On December 27, 2023, the EPA published annual inflationary increases to the fine amounts for civil penalties assessed under its authority.

Federal agencies have been required to issue regulations adjusting for inflation the statutory civil monetary penalties that can be imposed under the laws administered by them since 1996. Adjustments to the penalty amounts are regulated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

The adjusted penalty rates became effective on December 27, 2023.

Examples of maximum penalties increases include:

• Clean Air Act (CAA) violations under 42 U.S. Code (USC) 7413(b): from $117,468 to $121,275 per day per violation;
• Clean Water Act (CWA) violations under 33 USC 1319(d):from $64,618 to $66,712 per day per violation;
• Resource Conservation and Recovery Act (RCRA) violations under 42 USC 6928(g): from $87,855 to $90,702 per day per violation;
• Safe Drinking Water Act (SDWA) violations under 42 USC 300g-3(b): from $67,544 to $69,733 per day per violation;
• Toxic Substances Control Act (TSCA) violations under 15 USC 2615(a)(1): from $46,989 to $48,512 per day per violation;
• Emergency Planning and Community Right-to-Know Act (EPCRA) violations under 42 USC 11045(a): from $67,544 to $69,733 per day per violation; and
• Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) violations under 7 USC 136: from $23,494 to $24,255 per day per violation.

While the increased maximum penalties may not impact the actual penalties the EPA seeks when dealing with a specific environmental violation, the Agency believes it’s important that the maximum penalties reflect inflation to maintain the intended deterrent effect and promote compliance.

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