[Federal Register Volume 62, Number 54 (Thursday, March 20, 1997)]
[Rules and Regulations]
[Pages 13514-13517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7069]
[[Page 13513]]
_______________________________________________________________________
Part VIII
Environmental Protection Agency
_______________________________________________________________________
40 CFR Parts 19 and 27
Civil Monetary Penalty Inflation Adjustment Rule; Final Rule
Federal Register / Vol. 62, No. 54 / Thursday, March 20, 1997 / Rules
and Regulations
[[Page 13514]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 19 and 27
[FRL-5711-7]
Civil Monetary Penalty Inflation Adjustment Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Corrections To final rule.
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SUMMARY: This document contains corrections to the Civil Monetary
Penalty Inflation Adjustment Rule, final regulations ( FRL-5671-1),
which were published Tuesday, December 31, 1996, (61 FR 69359). The
regulations adjusted the Environmental Protection Agency's (``EPA'')
civil monetary penalties (``CMPs'') for inflation as mandated by the
Debt Collection Improvement Act of 1996 (``DCIA''). A corrected version
of Table 1, from 40 CFR 19.4, which now lists all but one of the EPA's
civil monetary penalty authorities, appears near the end of this
notice.
EFFECTIVE DATE: January 30, 1997.
FOR FURTHER INFORMATION CONTACT: For further information, contact
Steven M. Spiegel, Office of Regulatory Enforcement, Multimedia
Enforcement Division, Mail Code 2248W, 401 M Street, SW, Washington,
D.C. 20460, or at (703) 308-8507. Further information may also be
requested by electronic mail (e-mail) to:
[email protected]. The December 31, 1996 Final Rule and
this Correction are also available on the Office of Enforcement and
Compliance Assurance's Web page at http//www.epa.gov/oeca.
SUPPLEMENTARY INFORMATION:
Need For Correction
As published, the preamble and final regulations contain errors
which may prove misleading and are in need of clarification. The
changes made through these corrections are all technical in nature and
can be broken down into three categories. First, there were five
instances in which the exact section of a statute was not cited
correctly in the preamble (which errors were repeated in the rule).
Second, there were two errors in the new maximum penalty figures.
Third, there are other minor non-substantive changes, as well as the
addition of explanatory information which does not affect the original
rule, but provides a more complete and understandable document and rule
to the public. The additions concern the August 1996 amendments to the
Safe Drinking Water Act, which went into effect on August 6, 1996. For
purposes of clarity and providing the public with one table that lists
all of EPA's civil penalty authorities, the four new civil penalty
provisions from the August 1996 amendments to the Safe Drinking Water
Act have been added to Table 1 in Section 19.4 (even though these
penalty provisions are not subject to adjustment for inflation pursuant
to the DCIA at this time). These additions are identified below. Thus
the revised Table 1 of Section 19.4 now provides a list of all but one
of the applicable statutory provisions and maximum civil penalties.
There is one statutory provision which has not yet been adjusted. EPA
anticipates performing a rule-making to adjust 15 U.S.C. 2615, as
amended by the Residential Lead-Based Paint Act of 1992, 42 U.S.C.
4852d, and the corresponding regulations in 40 CFR Part 745, which were
omitted from the December 31, 1996 rule-making.
Effect of Correction
Since all of the corrections are technical in nature and do not
affect the substance of the rule, the original effective date of
January 30, 1997, applies to those corrected provisions, as well as to
the other original provisions of the final rule which did not require
correction. The identified corrections to Table A in the preamble
correspond to the corrections and additions to Table 1 in Section 19.4.
A corrected version of Table 1, 40 CFR 19.4, which now lists all but
one of EPA's civil monetary penalty authorities, appears near the end
of this notice.
Correction of Publication
Accordingly, the publication on December 31, 1996 of the preamble
and final regulations (FRL-5671-1) which were the subject of F.R. Doc.
96-32972, are corrected and added to as follows:
Preamble [Corrected]
On page 69360, Table A.--Summary of Civil Monetary Penalty
Inflation Adjustment Calculations, the first column, is corrected as
follows:
7 USC 136l(1) is corrected to read 7 USC 136l.(a)(1)--(the number
136, is followed by the letter ``l'', not the number one).
7 USC 136l(2) is corrected to read 7 USC 136l.(a)(2)--(the number
136, is followed by the letter ``l'', not the number one).
15 USC 2615 is corrected to 15 USC 2615(a).
On page 69361, Table A, is corrected as follows:
33 U.S.C. 1321(b)(7)(A) in the first column is correct, but the
fourth column figure of ``10,000'', is corrected to ``25,000''. The
seventh column figure of 15,000, is corrected to 30,000. The eighth
column figure of ``11,000'' is corrected to ``27,500''.
33 U.S.C. 1321(b)(7)(D) in the first column is correct, but the
eighth column figure of ``11,000'' is corrected to ``110,000''.
42 U.S.C. 300i-1(b) is corrected to 42 U.S.C. 300i-1(c) .
On page 69362, for 42 U.S.C. 6934(e), the fourth column, the figure
``25,000'' is corrected to read ``5,000''.
On page 69363, 42 U.S.C. 11045(d)(2)(3) is corrected to 42 U.S.C.
11045(d) (1).
In the first column, first sentence, insert ``will'' so the
sentence reads ``Future adjustments also will be made in accordance
with the statutory formula.''
Preamble [Additions]
Supplementary Information. On page 69360, in the third column, in
the first full sentence, add the phrase ``, along with the new penalty
amounts set by the 1996 amendments to the Safe Drinking Water Act,''
between the words ``statutory maximum amounts'' and ``are set out in
Table 1* * *''
On page 69361, 42 U.S.C. 300g-3(g)(3)(B), in the first column is
correct; for the second column, change the word ``penalty'' to
``penalties''; third column, replace ``1986'' with ``1996''; fourth
column, replace ``5,000'' with ``5,000/25,000''; replace the figures in
the fifth, sixth and seventh columns with ``N/A''; and in the eighth
column, replace ``5,500'' with ``5,000/25,000''.
Following 42 U.S.C. 300g-3(g)(3)(B), add a new row starting with 42
U.S.C. 300g-3(g)(3)(C) in the first column; for the second column,
insert SAFE DRINKING WATER ACT/ THRESHOLD REQUIRING CIVIL JUDICIAL
ACTION PER SEC. 1414(g)(3)(B) & (C); third column, insert ``1996'';
fourth column, insert ``25,000''; insert ``N/A'' for the figures in the
fifth, sixth and seventh columns; and in the eighth column, ``25,000''.
Following 42 U.S.C. 300h-3(c)2, add a new row for 42 U.S.C.
300i(b); for the second column, insert SAFE DRINKING WATER ACT/ FAILURE
TO COMPLY WITH IMMINENT AND SUBSTANTIAL ENDANGERMENT ADMIN. ORDER ;
third column, insert ``1996''; fourth column, insert ``15,000''; insert
``N/A'' for the figures in the fifth, sixth and seventh columns; and in
the eighth column, insert ``15,000''.
Following 42 U.S.C. 300j-4(c), add a new row for 42 U.S.C. 300j-
6(b)(2); for the second column, insert SAFE DRINKING WATER ACT/ FAILURE
TO COMPLY WITH ADMIN. ORDER
[[Page 13515]]
ISSUED TO FED. FACILITY ; third column, insert ``1996''; fourth column,
insert ``25,000''; insert ``N/A'' for the figures in the fifth, sixth
and seventh columns; and in the eighth column, insert ``25,000''.
Procedural Requirements
I. Small Business Regulatory Enforcement Fairness Act
In the December 31, 1996 notice, EPA found good cause, pursuant to
5 U.S.C. 553(b)(3)(B) of the Administrative Procedure Act (``APA''),
that soliciting public comment prior to publication of the rule was not
necessary because EPA is carrying out a ministerial, non-discretionary
duty per direction of an Act of Congress. EPA finds that good cause
continues to apply to this rule, and therefore the effective date
provisions of the Small Business Regulatory Enforcement Fairness Act of
1996 (``SBREFA''), do not govern the effective date of today's action
as well. Additionally, the fact that these changes are technical and do
not affect the substance of the previously issued rule also meets the
``good cause'' exception to the effective date requirements of section
553(d) of the Administrative Procedure Act as well.
Under Executive Order 12866 (58 F.R. 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and, is therefore not
subject to review by the Office of Management and Budget. In addition,
this action does not impose any enforceable duty or contain any
unfunded mandate as described in the Unfunded Mandates Reform Act of
1995 (PL. 104-4). Because this action is not subject to notice-and-
comment requirements under the APA or any other statute, it is not
subject to the provisions of the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Under 5 U.S.C. 801(a)(1)(A), as added by SBREFA, EPA submitted 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 today's
Federal Register. This rule is a not a ``major rule'' as defined by 5
U.S.C. 804(a).
PART 19 [CORRECTED WITH ADDITIONS]
Beginning on page 69364, Table 1 of Section 19.4--Civil Monetary
Penalty Inflation Adjustments, is corrected to read as follows:
Table 1 of Section 19.4.--Civil Monetary Penalty Inflation Adjustments
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U.S. Code citation Civil monetary penalty description New maximum penalty amount
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7 U.S.C. 1361.(a)(1)............. FEDERAL INSECTICIDE, FUNGICIDE, & $5,500.
RODENTICIDE ACT CIVIL PENALTY--
GENERAL--COMMERCIAL APPLICATORS,
ETC.
7 U.S.C. 1361.(a)(2).............. FEDERAL INSECTICIDE, FUNGICIDE, & $550/$1,000.
RODENTICIDE ACT CIVIL PENALTY--
PRIVATE APPLICATORS--FIRST AND
SUBSEQUENT OFFENSES OR VIOLATIONS.
15 U.S.C. 2615(a)................. TOXIC SUBSTANCES CONTROL ACT CIVIL $27,500.
PENALTY.
15 U.S.C. 2647(a)................. ASBESTOS HAZARD EMERGENCY RESPONSE $5,500.
ACT CIVIL PENALTY.
31 U.S.C. 3802(a)(1).............. PROGRAM FRAUD CIVIL REMEDIES ACT/ $5,500.
VIOLATION INVOLVING FALSE CLAIM.
31 U.S.C. 3802(a)(2).............. PROGRAM FRAUD CIVIL REMEDIES ACT/ $5,500.
VIOLATION INVOLVING FALSE STATEMENT.
33 U.S.C. 1319(d)................. CLEAN WATER ACT VIOLATION/CIVIL $27,500.
JUDICIAL PENALTY.
33 U.S.C. 1319(g)(2)(A)........... CLEAN WATER ACT VIOLATION/ $11,000/$27,500.
ADMINISTRATIVE PENALTY PER
VIOLATION AND MAXIMUM.
33 U.S.C. 1319(g)(2)(B)........... CLEAN WATER ACT VIOLATION/ $11,000/$137,500.
ADMINISTRATIVE PENALTY PER
VIOLATION AND MAXIMUM.
33 U.S.C. 1321(b)(6)(B)(I)........ CLEAN WATER ACT VIOLATION/ADMIN $11,000/$27,500.
PENALTY OF SEC 311(b)(3)&(j) PER
VIOLATION AND MAXIMUM.
33 U.S.C. 1321(b)(6)(B)(ii)....... CLEAN WATER ACT VIOLATION/ADMIN $11,000/$137,500.
PENALTY OF SEC 311(b)(3)&(j) PER
VIOLATION AND MAXIMUM.
33 U.S.C. 1321(b)(7)(A)........... CLEAN WATER ACT VIOLATION/CIVIL $27,500 or $1,100 per barrel or unit.
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/CIVIL $27,500.
JUDICIAL PENALTY OF SEC
311(c)&(e)(1)(B).
33 U.S.C. 1321(b)(7)(C)........... CLEAN WATER ACT VIOLATION/CIVIL $27,500.
JUDICIAL PENALTY OF SEC 311(j).
33 U.S.C. 1321(b)(7)(D)........... CLEAN WATER ACT VIOLATION/MINIMUM $110,000 or $3,300 per barrel or unit.
CIVIL JUDICIAL PENALTY OF SEC
311(b)(3)--PER VIOLATION OR PER
BARREL/UNIT.
33 U.S.C. 1414b(d)................ MARINE PROTECTION, RESEARCH & $660.
SANCTUARIES ACT VIOL SEC 104b(d).
33 U.S.C. 1415(a)................. MARINE PROTECTION RESEARCH AND $55,000/$137,500.
SANCTUARIES ACT VIOLATIONS--FIRST &
SUBSEQUENT VIOLATIONS.
42 U.S.C. 300g-3(b)............... SAFE DRINKING WATER ACT/CIVIL $27,500.
JUDICIAL PENALTY OF SEC 1414(b).
42 U.S.C. 300g-3(c)............... SAFE DRINKING WATER ACT/CIVIL $27,500.
JUDICIAL PENALTY OF SEC 1414(c).
42 U.S.C. 300g-3(g)(3)(A)......... SAFE DRINKING WATER ACT/CIVIL $27,500.
JUDICIAL PENALTY OF SEC
1414(g)(3)(a).
42 U.S.C. 300g-3(g)(3)(B)......... SAFE DRINKING WATER ACT/MAXIMUM $5,000/$25,000.
ADMINISTRATIVE PENALTIES PER SEC
1414(g)(3)(B).
42 U.S.C. 300g-3(g)(3)(C)......... SAFE DRINKING WATER ACT/THRESHOLD $25,000.
REQUIRING CIVIL JUDICIAL ACTION PER
SEC 1414(g)(3)(C).
42 U.S.C. 300h-2(b)(1)............ SDWA/CIVIL JUDICIAL PENALTY/ $27,500.
VIOLATIONS OF REQS--UNDERGROUND
INJECTION CONTROL (UIC).
42 U.S.C. 300h-2(c)(1)............ SDWA/CIVIL ADMIN PENALTY/VIOLATIONS $11,000/$137,500.
OF UIC REQS--PER VIOLATION AND
MAXIMUM.
42 U.S.C. 300h-2(c)(2)............ SDWA/CIVIL ADMIN PENALTY/VIOLATIONS $5,500/$137,500.
OF UIC REQS--PER VIOLATION AND
MAXIMUM.
42 U.S.C. 300h-3(c)(1)............ SDWA/VIOLATION/OPERATION OF NEW $5,500.
UNDERGROUND INJECTION WELL.
42 U.S.C. 300h-3(c)(2)............ SDWA/WILLFUL VIOLATION/OPERATION OF $11,000.
NEW UNDERGROUND INJECTION WELL.
[[Page 13516]]
42 U.S.C. 300i(b)................. SDWA/FAILURE TO COMPLY WITH IMMINENT $15,000.
AND SUBSTANTIAL ENDANGERMENT ORDER.
42 U.S.C. 300i-1(c)............... SDWA/ATTEMPTING TO OR TAMPERING WITH $22,000/$55,000.
PUBLIC WATER SYSTEM/CIVIL JUDICIAL
PENALTY.
42 U.S.C. 300j(e)(2).............. SDWA/FAILURE TO COMPLY W/ORDER $2,750.
ISSUED UNDER SEC. 1441(c)(1).
42 U.S.C. 300j-4(c)............... SDWA/REFUSAL TO COMPLY WITH REQS. OF $27,500.
SEC. 1445(a) OR (b).
42 U.S.C. 300j-6(b)(2)............ SDWA/FAILURE TO COMPLY WITH ADMIN. $25,000.
ORDER ISSUED TO FEDERAL FACILITY.
42 U.S.C. 300j-23(d).............. SDWA/VIOLATIONS/SECTION 1463(b)-- $5,500/$55,000.
FIRST OFFENSE/REPEAT OFFENSE.
42 U.S.C. 6928(a)(3).............. RESOURCE CONSERVATION & RECOVERY ACT/ $27,500.
VIOLATION SUBTITLE C ASSESSED PER
ORDER.
42 U.S.C. 6928(c)................. RES. CONS. & REC. ACT/CONTINUED $27,500.
NONCOMPLIANCE OF COMPLIANCE ORDER.
42 U.S.C. 6928(g)................. RESOURCE CONSERVATION & RECOVERY ACT/ $27,500.
VIOLATION SUBTITLE C.
42 U.S.C. 6928(h)(2).............. RES. CONS. & REC. ACT/NONCOMPLIANCE $27,500.
OF CORRECTIVE ACTION ORDER.
42 U.S.C. 6934(e)................. RES. CONS. & REC. ACT/NONCOMPLIANCE $5,500.
WITH SECTION 3013 ORDER.
42 U.S.C. 6973(b)................. RES. CONS. & REC. ACT/VIOLATIONS OF $5,500.
ADMINISTRATIVE ORDER.
42 U.S.C. 6991e(a)(3)............. RES. CONS. & REC. ACT/NONCOMPLIANCE $27,500.
WITH UST ADMINISTRATIVE ORDER.
42 U.S.C. 6991e(d)(1)............. RES. CONS. & REC. ACT/FAILURE TO $11,000.
NOTIFY OR FOR SUBMITTING FALSE
INFORMATION.
42 U.S.C. 6991e(d)(2)............. RCRA/VIOLATIONS OF SPECIFIED UST $11,000.
REGULATORY REQUIREMENTS.
42 U.S.C. 6992d(a)(2)............. RCRA/NONCOMPLIANCE W/MEDICAL WASTE $27,500.
TRACKING ACT ASSESSED THRU ADMIN
ORDER.
42 U.S.C. 6992d(a)(4)............. RCRA/NONCOMPLIANCE W/MEDICAL WASTE $27,500.
TRACKING ACT ADMINISTRATIVE ORDER.
42 U.S.C. 6992d(d)................ RCRA/VIOLATIONS OF MEDICAL WASTE $27,500.
TRACKING ACT--JUDICIAL PENALTIES.
42 U.S.C. 7413(b)................. CLEAN AIR ACT/VIOLATION/OWNERS & $27,500.
OPERATORS OF STATIONARY AIR
POLLUTION SOURCES--JUDICIAL
PENALTIES.
42 U.S.C. 7413(d)(1).............. CLEAN AIR ACT/VIOLATION/OWNERS & $27,500/$220,000.
OPERATORS OF STATIONARY AIR
POLLUTION SOURCES-ADMINISTRATIVE
PENALTIES PER VIOLATION & MAX.
42 U.S.C. 7413(d)(3).............. CLEAN AIR ACT/MINOR VIOLATIONS/ $5,500.
STATIONARY AIR POLLUTION SOURCES--
FIELD CITATIONS.
42 U.S.C. 7524(a)................. TAMPERING OR MANUFACTURE/SALE OF $2,750.
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 $27,500.
(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 SET IN $220,000.
7524(a) & 7545(d) WITH A MAXIMUM
ADMINISTRATIVE PENALTY.
42 U.S.C. 7545(d)................. VIOLATIONS OF FUELS REGULATIONS..... $27,500.
42 U.S.C. 9604(e)(5)(B)........... SUPERFUND AMEND. & REAUTHORIZATION $27,500.
ACT/NONCOMPLIANCE W/REQUEST FOR
INFO OR ACCESS.
42 U.S.C. 9606(b)(1).............. SUPERFUND/WORK NOT PERFORMED W/ $27,500.
IMMINENT, SUBSTANTIAL ENDANGERMENT.
42 U.S.C. 9609 (a) & (b).......... SUPERFUND/ADMIN. PENALTY VIOLATIONS $27,500.
UNDER 42 U.S.C. SECT. 9603, 9608,
OR 9622.
42 U.S.C. 9609(b)................. SUPERFUND/ADMIN. PENALTY VIOLATIONS-- $82,500.
SUBSEQUENT.
42 U.S.C. 9609(c)................. SUPERFUND/CIVIL JUDICIAL PENALTY/ $27,500.
VIOLATIONS OF SECT. 9603, 9608,
9622.
42 U.S.C. 9609(c)................. SUPERFUND/CIVIL JUDICIAL PENALTY/ $82,500.
SUBSEQUENT VIOLATIONS OF SECT.
9603, 9608, 9622.
42 U.S.C. 11045 (a) & (b) (1), (2) EMERGENCY PLANNING AND COMMUNITY $27,500.
& (3). RIGHT-TO-KNOW ACT CLASS I & II
ADMINISTRATIVE AND CIVIL PENALTIES.
42 U.S.C. 11045(b) (2) & (3)...... EPCRA CLASS I & II ADMINISTRATIVE $82,500.
AND CIVIL PENALTIES--SUBSEQUENT
VIOLATIONS.
42 U.S.C. 11045(c)(1)............. EPCRA CIVIL AND ADMINISTRATIVE $27,500.
REPORTING PENALTIES FOR VIOLATIONS
OF SECTIONS 11022 OR 11023.
42 U.S.C. 11045(c)(2)............. EPCRA CIVIL AND ADMINISTRATIVE $11,000.
REPORTING PENALTIES FOR VIOLATIONS
OF SECTIONS 11021 OR 11043(b).
42 U.S.C. 11045(d)(1)............. EPCRA--FRIVOLOUS TRADE SECRET $27,500.
CLAIMS--CIVIL AND ADMINISTRATIVE
PENALTIES.
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[[Page 13517]]
PART 27--[CORRECTED]
On page 69366, in the first column, the amendatory instruction
identified as number ``4'' is corrected to ``3''.
Michael M. Stahl,
Deputy Assistant Administrator, Office of Enforcement and Compliance
Assurance.
[FR Doc. 97-7069 Filed 3-19-97; 8:45 am]
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