[Federal Register Volume 67, Number 117 (Tuesday, June 18, 2002)]
[Rules and Regulations]
[Pages 41343-41348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15190]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 19 and 27

[FRL-7231-7]


Civil Monetary Penalty Inflation Adjustment Rule

AGENCY: Environmental Protection Agency (EPA)

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (``EPA'') is taking direct 
final action on amending 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 specified formula. A complete version of Table 
1 from the regulatory text, which lists all of the EPA's civil monetary 
penalty authorities, appears near the end of this document.

DATES: This rule is effective August 19, 2002 without further notice, 
unless EPA receives adverse comment by July 18, 2002. If we receive 
such comment, we will publish a timely withdrawal in the Federal 
Register informing the public that this rule will not take effect.

ADDRESSES: Mail written comments to the Enforcement & Compliance Docket 
and Information Center (2201A), Docket Number EC-2001-008, Office of 
Enforcement and Compliance Assurance, U.S. Environmental Protection 
Agency, 1200 Pennsylvania Avenue, NW., Mail Code 2201A, Washington, DC 
20460 (in triplicate, if possible). Please use a font size no smaller 
than 12. Written comments may be delivered in person to: Enforcement 
and Compliance Docket Information Center, U.S. Environmental Protection 
Agency, Rm. 4033, Ariel Rios Bldg., 1200 Pennsylvania Avenue, NW., 
Washington, DC Comments may also be submitted electronically to 
[email protected] or faxed to (202) 501-1011. 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, Rm. 4033, Ariel Rios Bldg., 1200 
Pennsylvania Avenue, NW., Washington, DC. Persons interested in 
reviewing this docket may do so by calling (202) 564-2614 or (202) 564-
2119.

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.
    This direct final 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. This direct final rule 
also revises the effective date provisions of 40 CFR 19.2 to make the 
penalty amounts set forth set forth in 40 CFR 19.4 apply to all 
violations under the applicable statutes and regulations which occur 
after August 19, 2002 without further notice unless we receive adverse 
comment.
    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 was calculated by comparing the CPI-U for June 1996 (156.7) with 
the CPI-U for June 2001 (178), resulting in an inflation adjustment of 
13.6 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 13.6 percent (the 
inflation adjustment) and the resulting increase amount was rounded up 
or down according to the rounding requirements of the statute. The 
increase amount is rounded using a rounding rule based on the amount of 
the increase. For example, for a CMP of $27,500, the increase of $3,740 
would be rounded to the nearest multiple of $1000 resulting in a total 
increase of $4000. The table below shows the inflation-adjusted CMPs 
and includes only the CMPs as of the effective date of this rule. EPA 
intends to readjust these amounts in the year 2005 and every four years 
thereafter, assuming there are no further changes to the mandate 
imposed by the DCIA.

Administrative Requirements

    EPA is publishing this rule without prior proposal because we view 
this as a noncontroversial amendment and anticipate no 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 
nor in any way

[[Page 41344]]

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 rates prescribed by Congress 
which have no substantive effect.
    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 and EPA has rounded 
based on the amount of the increase resulting from the CPI percentage 
calculation. This approach achieves the intent of the DCIA because a 
rounding rule based on the amount of the increase will result in 
increase amounts that more closely track the changes in the CPI and 
would steadily increase the amount of the CMPs over time in line with 
increases in the CPI. Calculations based on other interpretations of 
the rounding requirement could result in CMP adjustments that are 
either several times the CPI percentage or in no increase at all even 
with increases in the CPI.
    In the ``Proposed Rules'' section of today's Federal Register 
publication, we are publishing a separate document that will serve as 
the proposal to adjust EPA's civil monetary penalties for inflation if 
adverse comments are filed. This rule will be effective on August 19, 
2002 without further notice unless we receive adverse comment by July 
18, 2002. If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. We will address all public comments in a 
subsequent final rule based on the proposed rule. We will not institute 
a second comment period on this action. Any parties interested in 
commenting must do so at this time.
    Under Executive Order 12866, (58 FR 51,735 (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 this 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.
    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.
    Today's 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, today's 
rule is not subject to the requirements of sections 202 and 205 of the 
UMRA. EPA has determined that this rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments.
    Executive Order 13175, entitled Consultation and Coordination with 
Indian Tribal Governments (65 FR 67249, 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 this direct final 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 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.'' This 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.
    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

[[Page 41345]]

entity is defined as (1) a small business; (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. This 
action will not have a significant impact on a substantial number of 
small entities for the following reasons: 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. EPA's media penalty policies generally take into 
account an entity's ``ability to pay'' in determining the amount of a 
penalty. In addition, entities may be affected by this rule only if the 
federal government finds them in violation and seeks monetary 
penalties. This would constitute a very small fraction of the universe 
of regulated facilities. Additionally, the final amount of any civil 
penalty assessed against a violator remains committed to the discretion 
of the Federal Judge or Administrative Law Judge hearing a particular 
case. Accordingly, although EPA cannot predict the precise impact on 
individual cases, the adjustment is likely to result in at most a 
relatively minor change to the actual penalties in cases affecting a 
small fraction of regulated entities. 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.
    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).
    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) 
because it does not require persons to obtain, maintain, retain, 
report, or publicly disclose information to or for a Federal agency. 
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). This action 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.

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). For the reasons outlined above, however, this action will take 
effect August 19, 2002.

List of Subjects

40 CFR Part 19

    Environmental protection, Administrative practice and procedure, 
Penalties.

40 CFR Part 27

    Administrative practice and procedure, Assessments, False claims, 
False statements, Penalties.

    Dated: May 31, 2002.
Christine Todd Whitman,
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:
    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 part apply to all 
violations under the applicable statutes and regulations which occur 
after August 19, 2002.


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 Section 19.4.--Civil Monetary Penalty Inflation Adjustments
------------------------------------------------------------------------
                                                           New maximum
      U.S. Code citation        Civil monetary penalty   penalty amount
                                      description           (dollars)
------------------------------------------------------------------------
7 U.S.C. 136l.(a)(1)..........  FEDERAL INSECTICIDE,    6,200
                                 FUNGICIDE, &
                                 RODENTICIDE ACT CIVIL
                                 PENALTY--GENERAL--COM
                                 MERCIAL APPLICATORS,
                                 ETC.

[[Page 41346]]

 
7 U.S.C. 136l.(a)(2)..........  FEDERAL INSECTICIDE,    630/1,300
                                 FUNGICIDE, &
                                 RODENTICIDE ACT CIVIL
                                 PENALTY--PRIVATE
                                 APPLICATORS--FIRST
                                 AND SUBSEQUENT
                                 OFFENSES OR
                                 VIOLATIONS.
15 U.S.C. 2615(a).............  TOXIC SUBSTANCES        31,500
                                 CONTROL ACT CIVIL
                                 PENALTY.
15 U.S.C. 2647(a).............  ASBESTOS HAZARD         6,200
                                 EMERGENCY RESPONSE
                                 ACT CIVIL PENALTY.
31 U.S.C. 3802(a)(1)..........  PROGRAM FRAUD CIVIL     6,200
                                 REMEDIES ACT/
                                 VIOLATION INVOLVING
                                 FALSE CLAIM.
31 U.S.C. 3802(a)(2)..........  PROGRAM FRAUD CIVIL     6,200
                                 REMEDIES ACT/
                                 VIOLATION INVOLVING
                                 FALSE STATEMENT.
33 U.S.C. 1319(d).............  CLEAN WATER ACT         31,500
                                 VIOLATION/CIVIL
                                 JUDICIAL PENALTY.
33 U.S.C. 1319(g)(2)(A).......  CLEAN WATER ACT         12,000/31,500
                                 VIOLATION/
                                 ADMINISTRATIVE
                                 PENALTY PER VIOLATION
                                 AND MAXIMUM.
33 U.S.C. 1319(g)(2)(B).......  CLEAN WATER ACT         12,000/157,500
                                 VIOLATION/
                                 ADMINISTRATIVE
                                 PENALTY PER VIOLATION
                                 AND MAXIMUM.
33 U.S.C. 1321(b)(6)(B)(I)....  CLEAN WATER ACT         12,000/31,500
                                 VIOLATION/ADMIN
                                 PENALTY OF SEC
                                 311(b)(3) & (j) PER
                                 VIOLATION AND MAXIMUM.
33 U.S.C. 1321(b)(6)(B)(ii)...  CLEAN WATER ACT         12,000/157,500
                                 VIOLATION/ADMIN
                                 PENALTY OF SEC
                                 311(b)(3) & (j) PER
                                 VIOLATION AND MAXIMUM.
33 U.S.C. 1321(b)(7)(A).......  CLEAN WATER ACT         31,500 or 1,300
                                 VIOLATION/CIVIL         per barrel or
                                 JUDICIAL PENALTY OF     unit
                                 SEC 311(b)(3)--PER
                                 VIOLATION PER DAY OR
                                 PER BARREL OR UNIT.
33 U.S.C. 1321(b)(7)(B).......  CLEAN WATER ACT         31,500
                                 VIOLATION/CIVIL
                                 JUDICIAL PENALTY OF
                                 SEC 311(c) &
                                 (e)(1)(B).
33 U.S.C. 1321(b)(7)(C).......  CLEAN WATER ACT         31,500
                                 VIOLATION/CIVIL
                                 JUDICIAL PENALTY OF
                                 SEC 311(j).
33 U.S.C. 1321(b)(7)(D).......  CLEAN WATER ACT         125,000 or 3,700
                                 VIOLATION/MINIMUM       per barrel or
                                 CIVIL JUDICIAL          unit
                                 PENALTY OF SEC
                                 311(b)(3)--PER
                                 VIOLATION OR PER
                                 BARREL/UNIT.
33 U.S.C. 1414b(d)............  MARINE PROTECTION,      750
                                 RESEARCH &
                                 SANCTUARIES ACT VIOL
                                 SEC 104b(d).
33 U.S.C. 1415(a).............  MARINE PROTECTION       62,000/157,500
                                 RESEARCH AND
                                 SANCTUARIES ACT
                                 VIOLATIONS--FIRST &
                                 SUBSEQUENT VIOLATIONS.
42 U.S.C. 300g-3(b)...........  SAFE DRINKING WATER     31,500
                                 ACT/CIVIL JUDICIAL
                                 PENALTY OF SEC
                                 1414(b).
42 U.S.C. 300g-3(c)...........  SAFE DRINKING WATER     31,500
                                 ACT/CIVIL JUDICIAL
                                 PENALTY OF SEC
                                 1414(c).
42 U.S.C. 300g-3(g)(3)(A).....  SAFE DRINKING WATER     31,500
                                 ACT/CIVIL JUDICIAL
                                 PENALTY OF SEC
                                 1414(g)(3)(a).
42 U.S.C. 300g-3(g)(3)(B).....  SAFE DRINKING WATER     6,200/28,000
                                 ACT/MAXIMUM
                                 ADMINISTRATIVE
                                 PENALTIES PER SEC
                                 1414(g)(3)(B).
42 U.S.C. 300g-3(g)(3)(C).....  SAFE DRINKING WATER     28,000
                                 ACT/THRESHOLD
                                 REQUIRING CIVIL
                                 JUDICIAL ACTION PER
                                 SEC 1414(g)(3)(C).
42 U.S.C. 300h-2(b)(1)........  SDWA/CIVIL JUDICIAL     31,500
                                 PENALTY/VIOLATIONS OF
                                 REQS--UNDERGROUND
                                 INJECTION CONTROL
                                 (UIC).
42 U.S.C. 300h-2(c)(1)........  SDWA/CIVIL ADMIN        12,000/157,500
                                 PENALTY/VIOLATIONS OF
                                 UIC REQS--PER
                                 VIOLATION AND MAXIMUM.
42 U.S.C. 300h-2(c)(2)........  SDWA/CIVIL ADMIN        6,200/157,500
                                 PENALTY/VIOLATIONS OF
                                 UIC REQS--PER
                                 VIOLATION AND MAXIMUM.
42 U.S.C. 300h-3(c)(1)........  SDWA/VIOLATION/         6,200
                                 OPERATION OF NEW
                                 UNDERGROUND INJECTION
                                 WELL.
42 U.S.C. 300h-3(c)(2)........  SDWA/WILLFUL VIOLATION/ 12,000
                                 OPERATION OF NEW
                                 UNDERGROUND INJECTION
                                 WELL.
42 U.S.C. 300i(b).............  SDWA/FAILURE TO COMPLY  17,000
                                 WITH IMMINENT AND
                                 SUBSTANTIAL
                                 ENDANGERMENT ORDER.
42 U.S.C. 300i-1(c)...........  SDWA/ATTEMPTING TO OR   25,000/62,000
                                 TAMPERING WITH PUBLIC
                                 WATER SYSTEM/CIVIL
                                 JUDICIAL PENALTY.
42 U.S.C. 300j(e)(2)..........  SDWA/FAILURE TO COMPLY  3,150
                                 W/ORDER ISSUED UNDER
                                 SEC. 1441(c)(1).
42 U.S.C. 300j-4(c)...........  SDWA/REFUSAL TO COMPLY  31,500
                                 WITH REQS. OF SEC.
                                 1445(a) OR (b).
42 U.S.C. 300j-6(b)(2)........  SDWA/FAILURE TO COMPLY  28,000
                                 WITH ADMIN. ORDER
                                 ISSUED TO FEDERAL
                                 FACILITY.
42 U.S.C. 300j-23(d)..........  SDWA/VIOLATIONS/        6,200/62,000
                                 SECTION 1463(b)--
                                 FIRST OFFENSE/REPEAT
                                 OFFENSE.
42 U.S.C. 4852d(b)(5).........  RESIDENTIAL LEAD-BASED  12,000
                                 PAINT HAZARD
                                 REDUCTION ACT OF
                                 1992, SEC 1018--CIVIL
                                 PENALTY.
42 U.S.C. 4910(a)(2)..........  NOISE CONTROL ACT OF    12,000
                                 1972--CIVIL PENALTY.
42 U.S.C. 6928(a)(3)..........  RESOURCE CONSERVATION   31,500
                                 & RECOVERY ACT/
                                 VIOLATION SUBTITLE C
                                 ASSESSED PER ORDER.
42 U.S.C. 6928(c).............  RES. CONS. & REC. ACT/  31,500
                                 CONTINUED
                                 NONCOMPLIANCE OF
                                 COMPLIANCE ORDER.

[[Page 41347]]

 
42 U.S.C. 6928(g).............  RESOURCE CONSERVATION   31,500
                                 & RECOVERY ACT/
                                 VIOLATION SUBTITLE C.
42 U.S.C. 6928(h)(2)..........  RES. CONS. & REC. ACT/  31,500
                                 NONCOMPLIANCE OF
                                 CORRECTIVE ACTION
                                 ORDER.
42 U.S.C. 6934(e).............  RES. CONS. & REC. ACT/  6,200
                                 NONCOMPLIANCE WITH
                                 SECTION 3013 ORDER.
42 U.S.C. 6973(b).............  RES. CONS. & REC. ACT/  6,200
                                 VIOLATIONS OF
                                 ADMINISTRATIVE ORDER.
42 U.S.C. 6991e(a)(3).........  RES. CONS. & REC. ACT/  31,500
                                 NONCOMPLIANCE WITH
                                 UST ADMINISTRATIVE
                                 ORDER.
42 U.S.C. 6991e(d)(1).........  RES. CONS. & REC. ACT/  12,000
                                 FAILURE TO NOTIFY OR
                                 FOR SUBMITTING FALSE
                                 INFORMATION.
42 U.S.C. 6991e(d)(2).........  RCRA/VIOLATIONS OF      12,000
                                 SPECIFIED UST
                                 REGULATORY
                                 REQUIREMENTS.
42 U.S.C. 6992d(a)(2).........  RCRA/NONCOMPLIANCE W/   31,500
                                 MEDICAL WASTE
                                 TRACKING ACT ASSESSED
                                 THRU ADMIN ORDER.
42 U.S.C. 6992d(a)(4).........  RCRA/NONCOMPLIANCE W/   31,500
                                 MEDICAL WASTE
                                 TRACKING ACT
                                 ADMINISTRATIVE ORDER.
42 U.S.C. 6992d(d)............  RCRA/VIOLATIONS OF      31,500
                                 MEDICAL WASTE
                                 TRACKING ACT--
                                 JUDICIAL PENALTIES.
42 U.S.C. 7413(b).............  CLEAN AIR ACT/          31,500
                                 VIOLATION/OWNERS &
                                 OPERATORS OF
                                 STATIONARY AIR
                                 POLLUTION SOURCES--
                                 JUDICIAL PENALTIES.
42 U.S.C. 7413(d)(1)..........  CLEAN AIR ACT/          31,500/250,000
                                 VIOLATION/OWNERS &
                                 OPERATORS OF
                                 STATIONARY AIR
                                 POLLUTION SOURCES--
                                 ADMINISTRATIVE
                                 PENALTIES PER
                                 VIOLATION & MAX.
42 U.S.C. 7413(d)(3)..........  CLEAN AIR ACT/MINOR     6,200
                                 VIOLATIONS/STATIONARY
                                 AIR POLLUTION
                                 SOURCES--FIELD
                                 CITATIONS.
42 U.S.C. 7524(a).............  TAMPERING OR            3,150
                                 MANUFACTURE/SALE OF
                                 DEFEAT DEVICES IN
                                 VIOLATION OF
                                 7522(a)(3)(A) OR
                                 (a)(3)(B)--BY PERSONS.
42 U.S.C. 7524(a).............  VIOLATION OF            31,500
                                 7522(a)(3)(A) OR
                                 (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          250,000
                                 PENALTIES AS SET IN
                                 7524(a) & 7545(d)
                                 WITH A MAXIMUM
                                 ADMINISTRATIVE
                                 PENALTY.
42 U.S.C. 7545(d).............  VIOLATIONS OF FUELS     31,500
                                 REGULATIONS.
42 U.S.C. 9604(e)(5)(B).......  SUPERFUND AMEND. &      31,500
                                 REAUTHORIZATION ACT/
                                 NONCOMPLIANCE W/
                                 REQUEST FOR INFO OR
                                 ACCESS.
42 U.S.C. 9606(b)(1)..........  SUPERFUND/WORK NOT      31,500
                                 PERFORMED W/IMMINENT,
                                 SUBSTANTIAL
                                 ENDANGERMENT.
42 U.S.C. 9609(a) & (b).......  SUPERFUND/ADMIN.        31,500
                                 PENALTY VIOLATIONS
                                 UNDER 42 U.S.C. SECT.
                                 9603, 9608, OR 9622.
42 U.S.C. 9609(b).............  SUPERFUND/ADMIN.        92,500
                                 PENALTY VIOLATIONS--
                                 SUBSEQUENT.
42 U.S.C. 9609(c).............  SUPERFUND/CIVIL         31,500
                                 JUDICIAL PENALTY/
                                 VIOLATIONS OF SECT.
                                 9603, 9608, 9622.
42 U.S.C. 9609(c).............  SUPERFUND/CIVIL         92,500
                                 JUDICIAL PENALTY/
                                 SUBSEQUENT VIOLATIONS
                                 OF SECT. 9603, 9608,
                                 9622.
42 U.S.C. 11045(a) & (b)(1),    EMERGENCY PLANNING AND  31,500
 (2) & (3).                      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         31,500
                                 ADMINISTRATIVE
                                 REPORTING PENALTIES
                                 FOR VIOLATIONS OF
                                 SECTIONS 11022 OR
                                 11023.
42 U.S.C. 11045(c)(2).........  EPCRA CIVIL AND         12,000
                                 ADMINISTRATIVE
                                 REPORTING PENALTIES
                                 FOR VIOLATIONS OF
                                 SECTIONS 11021 OR
                                 11043(b).
42 U.S.C. 11045(d)(1).........  EPCRA--FRIVOLOUS TRADE  $31,500
                                 SECRET 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 $6,200 \1\ for each such claim.
* * * * *
    (b) * * *
    (1) * * *
    (ii) Contains, or is accompanied by, an express certification or 
affirmation of

[[Page 41348]]

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 $6,200 \2\ for each such 
statement.
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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).
    \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. 02-15190 Filed 6-17-02; 8:45 am]
BILLING CODE 6560-50-P