[Federal Register Volume 62, Number 124 (Friday, June 27, 1997)]
[Rules and Regulations]
[Pages 35038-35041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16894]



[[Page 35037]]

_______________________________________________________________________

Part VII





Environmental Protection Agency





_______________________________________________________________________



40 CFR Parts 19 and 745



Civil Monetary Penalty Inflation Adjustment Rule; Final Rule

  Federal Register / Vol. 62, No. 124 / Friday, June 27, 1997 / Rules 
and Regulations  

[[Page 35038]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 19 and 745

[FRL-5849-2]


Civil Monetary Penalty Inflation Adjustment Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amended.

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SUMMARY: The Environmental Protection Agency (``EPA'') is amending the 
final Civil Monetary Penalty Inflation Adjustment Rule as mandated by 
the Debt Collection Improvement Act of 1996 (``DCIA'') to adjust EPA's 
civil monetary penalties (``CMPs'') for inflation on a periodic basis. 
Previously, EPA adjusted almost all of its CMPs when the final Civil 
Monetary Penalty Inflation Adjustment Rule was published on December 
31, 1996, with technical corrections published on March 20, 1997. At 
that time, EPA omitted addressing the penalty provisions of Section 
1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 
(``Lead-Paint Act'' or ``LPA''), and the Noise Control Act of 1972 
(``Noise Act'' or ``NCA''). Like the earlier Rule, these additional 
adjustments will allow EPA's penalties to keep pace with inflation and 
thereby maintain the deterrent effect Congress intended when it 
originally specified penalty amounts.
    With this additional mandatory adjustment, all of EPA's penalty 
provisions will have been increased by ten percent (except for new 
penalty provisions enacted into law in 1996, which were not subject to 
being increased). The Agency is required to review its penalties again 
at least once every four years and to adjust them as necessary for 
inflation according to a specified formula. A complete version of Table 
1, from 40 CFR 19.4, which now lists all of the EPA's civil monetary 
penalty authorities, appears near the end of this document.

EFFECTIVE DATE: July 28, 1997.

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, 
the March 20, 1997 Correction, and this Amended Final Rule are also 
available on the Office of Enforcement and Compliance Assurance's Web 
page at: http//www.epa.gov/OECA

SUPPLEMENTARY INFORMATION:

Need for Rule Amendment

    Pursuant to the Federal Civil Penalties Inflation Adjustment Act of 
1990 (28 U.S.C. 2461 note; Pub. L. 101-410, enacted October 5, 1990; 
104 Stat. 890), as amended by the Debt Collection Improvement Act of 
1996 (31 U.S.C. Sec. 3701 note; Pub. L. 104-134, enacted April 26, 
1996; 110 Stat. 1321), (``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.

    Section 5 of the DCIA sets forth the formula for adjusting the 
penalties for inflation: ``The inflation adjustment described under 
section 4 shall be determined by increasing the maximum CMP or the 
range of minimum and maximum CMPs, as applicable, for each CMP by 
the cost-of-living adjustment * * * The term ``cost-of-living'' 
adjustment is the percentage for each CMP by which the Consumer 
Price Index (CPI) for the month of June of the calendar year 
preceding the adjustment, exceeds the Consumer Price Index for the 
month of June of the calendar year in which the amount of such CMP 
was last set or adjusted pursuant to law. Any increase determined 
under this amendment shall be rounded * * *''

    However, the DCIA also set a ten percent cap on the first 
adjustment for inflation. Since EPA's penalties had never previously 
been adjusted for inflation, this initial statutorily required 
adjustment is limited to ten percent.
    EPA adjusted almost all of its CMPs when the final Civil Monetary 
Penalty Inflation Adjustment Rule was published on December 31, 1996 
(61 FR 69359), with the Rule taking effect on January 30, 1997. Later, 
a ``Correction'' was published on March 20, 1997 (62 FR 13514), to 
address some minor technical errors in the rule and to provide 
``additions'' of information to enhance public understanding of the 
rule. The effective date of the Rule was not altered by the correction. 
With the exception of the new penalty provisions added by the 1996 
Amendments to the Safe Drinking Water Act (which were not subject to 
any adjustment), all of the statutory penalty provisions administered 
and identified by EPA at that time, were increased by ten percent, the 
maximum allowed pursuant to the DCIA.
    However, the published final and corrected regulations did not 
address the penalty provisions of Section 1018 of the Residential Lead-
Based Paint Hazard Reduction Act of 1992, 42 U.S.C. 4852d, (``Lead-
Paint Act'' or ``LPA''), its corresponding regulations in 40 CFR Part 
745, and the Noise Control Act of 1972, 42 U.S.C. 4910(a)(2) (``Noise 
Act'' or ``NCA''), since they had not been identified.1 
These CMP's were later identified and therefore are being adjusted in 
accordance with the DCIA by today's rulemaking.
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    \1\ EPA enforces the Residential Lead-Based Paint Act of 1992, 
and the 40 CFR Part 745 regulations, through Section 16 of the Toxic 
Substances Control Act (``TSCA''), 15 U.S.C. 2615 . The Department 
of Housing and Urban Development has joint responsibility for 
enforcing the Lead-Paint Act.
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Effect of Amended Final Rule

    Only the two previously unadjusted CMPs for the Lead-Paint Act and 
the Noise Act are being adjusted by this rule through their inclusion 
in Table 1 of Section 19.4. With the adoption of this amended rule 
implementing the DCIA, all violations of Section 1018 of the Lead-Paint 
Act and the Noise Act which take place after July 28, 1997 will be 
subject to the new statutory maximum civil penalty amounts. The 
original effective date of January 30, 1997, still applies to the CMP's 
adjusted by the original December 31, 1996, final rule, as well as to 
the corrected CMP's addressed in March 20, 1997, Correction. A revised 
Table 1 of Section 19.4, which now provides a list of all of the 
applicable statutory provisions and maximum civil penalties, appears 
near the end of this rule.
    Future adjustments to these two CMPs will be made in accordance 
with the statutory formula. Since today's inflation adjustments are 
being made in June 1997, the next scheduled adjustment will cover 
inflation from June 1997 to June of the year preceding the year in 
which the next adjustment is made. The DCIA requires that penalties be 
adjusted for inflation at least once every four years.

Procedural Requirements

I. Administrative Procedure 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.

II. Small Business Regulatory Enforcement Fairness Act

    Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business 
Regulatory Enforcement Fairness Act (``SBREFA''), EPA submitted a 
report containing this

[[Page 35039]]

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 not a ``major rule'' as defined by 5 U.S.C. 804(a).

III. Other Procedural Requirements

    For the reasons stated in the December 31, 1996, final rule, the 
regulation being issued today is not subject to certain requirements of 
Executive Order 12866 (58 FR 51735, October 4, 1993), the Unfunded 
Mandates Reform Act of 1995 (P.L. 104-4) (UMRA), and the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) (RFA). As stated in the December 
31, 1996 rule, this action is not a ``significant regulatory action'' 
under Executive Order 12866 and, is therefore not subject to review by 
the Office of Management and Budget. In addition, for the reasons 
stated in the December 31, 1996 rule, this action is not subject to the 
assessment requirements of UMRA Title II or the requirements of section 
203 of UMRA. 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 RFA.
    The Agency nonetheless has assessed the potential of this rule to 
adversely impact small entities. This rule contains no regulatory 
requirements that might significantly or uniquely affect small entities 
because the prescribed inflation adjustments have similar effect on all 
entities subject to civil monetary penalties and does not substantively 
alter the existing regulatory framework.

IV. Paperwork Reduction Act

    This action contains no reporting or record keeping requirements 
for any non-federal persons or entities and consequently is not subject 
to the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

List of Subjects

40 CFR Part 19

    Environmental protection, Administrative practice and procedure, 
Penalties.

40 CFR Part 745

    Environmental protection, Administrative practice and procedure, 
Lead, Penalties.

    Dated: June 23, 1997.
Carol M. Browner,
Administrator, Environmental Protection Agency.

    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 19--[AMENDED]

    1. The authority citation for part 19 continues to read as follows:

    Authority: 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.

    2. Section 19.2 is revised to read as follows:


Sec. 19.2  Effective date.

    The increased penalty amounts set forth in this part apply to all 
violations under the applicable statutes and regulations which occur 
after January 30, 1997; except for violations subject to penalty under 
42 U.S.C. 4852d(b)(5) and 42 U.S.C. 4910(a)(2), which are subject to 
the new penalty amounts for any violations after July 28, 1997.
    3. Table 1 of 40 CFR 19.4 is amended by adding two new entries, in 
the order of the U.S.C. Code Citations in the first column, to read as 
follows:


Sec. 19.4  Penalty Adjustment and Table.

* * * * *

                     Table 1 of Section 19.4.--Civil Monetary Penalty Inflation Adjustments                     
----------------------------------------------------------------------------------------------------------------
                                                                                                    New maximum 
              U.S. Code citation                       Civil monetary penalty description         penalty amount
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
42 U.S.C. 4852d(b)(5).........................  Residential Lead-Based Paint Hazard Reduction            $11,000
                                                 Act of 1992, Sec 1018--Civil Penalty.                          
42 U.S.C. 4910(a)(2)..........................  Noise Control Act of 1972--Civil Penalty........         $11,000
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------

    For the convenience of the reader, the complete Table 1 of 40 CFR 
19.4--Civil Monetary Penalty Inflation Adjustments, including the two 
new adjustments added by this rule is republished as it will appear in 
the July 1, 1997 Code of Federal Regulations, as follows:

                     Table 1 of Section 19.4.--Civil Monetary Penalty Inflation Adjustments                     
----------------------------------------------------------------------------------------------------------------
         U.S. Code Citation             Civil Monetary  Penalty Description       New Maximum Penalty Amount    
----------------------------------------------------------------------------------------------------------------
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 Act  $5,500                            
                                       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.                                                             

[[Page 35040]]

                                                                                                                
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   
                                       Judicial Penalty of Sec 311(b)(3)--     unit                             
                                       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  
                                       Civil Judicial Penalty of Sec           unit                             
                                       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 Judicial  $27,500                           
                                       Penalty of Sec 1414(b).                                                  
42 U.S.C. 300g-3(c).................  Safe Drinking Water Act/Civil Judicial  $27,500                           
                                       Penalty of Sec 1414(c).                                                  
42 U.S.C. 300g-3(g)(3)(A)...........  Safe Drinking Water Act/Civil Judicial  $27,500                           
                                       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/Violations  $27,500                           
                                       of REQS--Underground Injection                                           
                                       Control (UIC).                                                           
42 U.S.C. 300h-2(c)(1)..............  SDWA/Civil Admin Penalty/Violations of  $11,000/$137,500                  
                                       UIC REQS--per Violation and Maximum.                                     
42 U.S.C. 300h-2(c)(2)..............  SDWA/Civil Admin Penalty/Violations of  $5,500/$137,500                   
                                       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.                                          
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 Issued   $2,750                            
                                       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)--First  $5,500/$55,000                    
                                       Offense/Repeat Offense.                                                  
42 U.S.C. 4852d(b)(5)...............  Residential Lead-Based Paint Hazard     $11,000                           
                                       Reduction Act of 1992, Sec 1018--                                        
                                       Civil Penalty.                                                           
42 U.S.C. 4910(a)(2)................  Noise Control Act of 1972--Civil        $11,000                           
                                       Penalty.                                                                 
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 of  $27,500                           
                                       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.                                   

[[Page 35041]]

                                                                                                                
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 Act/ $27,500                           
                                       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 Right- $27,500                           
 (3).                                  to-Know Act Class I & II                                                 
                                       Administrative and Civil Penalties.                                      
42 U.S.C. 11045(b) (2)&(3)..........  EPCRA Class I & II Administrative and   $82,500                           
                                       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 Claims--  $27,500                           
                                       Civil and Administrative Penalties.                                      
----------------------------------------------------------------------------------------------------------------
*These sections were added by the 1996 Amendments to the Safe Drinking Water Act, which were not subject to     
  inflation adjustment by the DCIA; the penalty amounts listed in Table 1 for such provisions are the original  
  statutory amounts, listed here for convenience by providing a complete listing of all of EPA's civil penalty  
  authorities in this table.                                                                                    

PART 745--[AMENDED]

    4. The authority citation for part 745 revised to read as follows:

    Authority: 15 U.S.C. 2605, 2607, 2615, 2681-2692 and 42 U.S.C. 
4852d.

    5. Section 745.118 is amended by revising paragraph (f) to read as 
follows:


Sec. 745.118  Enforcement.

* * * * *
    (f) Violators may be subject to civil and criminal sanctions 
pursuant to TSCA section 16 (15 U.S.C. 2615) for each violation. For 
purposes of enforcing this subpart, the penalty for each violation 
applicable under 15 U.S.C. 2615 shall be not more than $11,000 for all 
violations occuring after July 28, 1997; all violations occuring on or 
prior to that date are subject to a penalty not more than $10,000.

[FR Doc. 97-16894 Filed 6-26-97; 8:45 am]
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