[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Rules and Regulations]
[Pages 43091-43096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15411]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 19

[FRL-9948-48-OECA]
RIN 2020-AA51


Civil Monetary Penalty Inflation Adjustment Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is promulgating this 
interim final rule to adjust the level of statutory civil monetary 
penalty amounts for the statutes that the agency administers. This 
action is mandated by the Federal Civil Penalties Inflation Adjustment 
Act of 1990, as amended through 2015 (``the 2015 Act''), which 
prescribes a formula for adjusting statutory civil penalties to reflect 
inflation, maintain the deterrent effect of statutory civil penalties, 
and promote compliance with the law. The rule does not necessarily 
revise the penalty amounts that EPA chooses to seek pursuant to its 
civil penalty policies in a particular case. EPA's civil penalty 
policies, which guide enforcement personnel in how to exercise EPA's 
statutory penalty authorities, take into account a number of fact-
specific considerations, e.g., the seriousness of the violation, the 
violator's good faith efforts to comply, any economic benefit gained by 
the violator as a result of its noncompliance, and a violator's ability 
to pay.

DATES: This interim final rule is effective on August 1, 2016.

FOR FURTHER INFORMATION CONTACT: Susan O'Keefe, Office of Civil 
Enforcement, Office of Enforcement and Compliance Assurance, 
Environmental Protection Agency, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460, telephone number: (202) 564-4021; 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Since 1990, Federal agencies have been required to issue 
regulations adjusting for inflation the statutory civil penalties \1\ 
that can be imposed under

[[Page 43092]]

the laws administered by that agency. The Federal Civil Penalties 
Inflation Adjustment Act of 1990, as amended by the Debt Collection 
Improvement Act of 1996 (DCIA), required agencies to review their 
statutory civil penalties every 4 years, and to adjust the statutory 
civil penalty amounts for inflation if the increase met the DCIA's 
adjustment methodology. In accordance with the DCIA, EPA reviewed and, 
as appropriate, adjusted the civil penalty levels under each of the 
statutes the agency implements in 1996 (61 FR 69360), 2004 (69 FR 
7121), 2008 (73 FR 75340), and 2013 (78 FR 66643). Over time, the DCIA 
formula caused statutory civil penalties to lose value relative to 
total inflation.
---------------------------------------------------------------------------

    \1\ The Federal Civil Penalties Inflation Adjustment Act of 
1990, Public Law 101-410, 28 U.S.C. 2461 note, defines ``civil 
monetary penalty'' as ``any penalty, fine, or other sanction that--
(A)(i) is for a specific monetary amount as provided by Federal law; 
or (ii) has a maximum amount provided for by Federal law; and (B) is 
assessed or enforced by an agency pursuant to Federal law; and (C) 
is assessed or enforced pursuant to an administrative proceeding or 
a civil action in the Federal courts.''
---------------------------------------------------------------------------

    The 2015 Act requires agencies to: (1) Adjust the level of 
statutory civil penalties with an initial ``catch-up'' adjustment 
through an interim final rulemaking; and (2) beginning January 15, 
2017, make subsequent annual adjustments for inflation. This rule 
implements the statutorily mandated initial catch-up adjustments. The 
purpose of the 2015 Act \2\ is to provide a mechanism to address these 
issues by translating originally enacted statutory civil penalty 
amounts to today's dollars and rounding statutory civil penalties to 
the nearest dollar. Once Federal agencies issue the 2016 one-time 
catch-up rule, each statutory civil penalty amount will be adjusted 
every year to reflect the inflation that has thereafter accrued.
---------------------------------------------------------------------------

    \2\ The Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 (Section 701 of Pub. L. 114-74) was signed 
into law on Nov. 2, 2015, and further amended the Federal Civil 
Penalties Inflation Adjustment Act of 1990.
---------------------------------------------------------------------------

    Pursuant to section 5(b)(2)(A) of the 2015 Act, this initial catch-
up ``cost-of-living adjustment'' is, for each statutory civil penalty, 
the percentage by which the Consumer Price Index for all Urban 
Consumers (CPI-U) for the month of October 2015 exceeds the CPI-U for 
the month of October of the year during which the amount of that civil 
penalty was established (i.e., originally enacted) or last adjusted by 
statute or regulation (other than pursuant to the Federal Civil 
Penalties Inflation Adjustment Act). However, section 5(b)(2)(C) of the 
2015 Act provides that the maximum amount of any initial catch-up 
increase shall not exceed 150 percent of the level that was in effect 
on November 2, 2015. Table 2 to 40 CFR 19.4 presents the results of 
these calculations and adjustments, identifying: (1) The maximum or 
minimum \3\ penalty level established when each statutory section was 
originally enacted or last adjusted by Congress; \4\ and (2) the 
statutory maximum or minimum civil penalty level, adjusted for 
inflation under the 2015 Act, that applies to statutory civil penalties 
assessed on or after August 1, 2016 for violations that occurred after 
November 2, 2015, the date the 2015 Act was enacted.
---------------------------------------------------------------------------

    \3\ Under Section 3(2)(A) of the 2015 Act, ``civil monetary 
penalty'' means ``a specific monetary amount as provided by Federal 
law''; or ``has a maximum amount provided for by Federal law.'' EPA-
administered statutes generally refer to statutory maximum civil 
penalties, with the following exceptions: Section 311(b)(7)(D) of 
the Clean Water Act, 33 U.S.C. 1321(b)(7)(D), refers to a minimum 
penalty of ``not less than $100,000 . . .''; Section 104B(d)(1) of 
the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. 
1414b(d)(1), refers to an exact penalty of $600 ``[f]or each dry ton 
(or equivalent) of sewage sludge or industrial waste dumped or 
transported by person in calendar year 1992 . . . ''; and Section 
325(d)(1) of the Emergency Planning and Community Right-to-Know Act, 
42 U.S.C. 11045(d)(1), refers to an exact civil penalty of $25,000 
for each frivolous trade secret claim.
    \4\ Section 5(b)(2)(B) provides that the cost-of-living-
adjustment ``shall be applied to the amount of the civil monetary 
penalty as it was most recently established or adjusted under a 
provision of law other than under this Act.'' Because EPA has not 
adjusted any of the statutory civil penalty levels identified at 40 
CFR 19.4 for inflation outside of the inflation adjustments made 
pursuant to the DCIA, the initial cost-of-living adjustment is 
calculated based on the statutory civil penalty amount as originally 
enacted or last adjusted by Congress.
---------------------------------------------------------------------------

    The formula \5\ for determining the cost-of-living or inflation 
adjustment to statutory civil penalties consists of the following five-
step process:
---------------------------------------------------------------------------

    \5\ Office of Management and Budget Memorandum, Implementation 
of the Federal Civil Penalties Inflation Adjustment Act Improvement 
Act of 2015 (OMB Memorandum M-16-06) at p. 8, Appendix (February 24, 
2016).
---------------------------------------------------------------------------

    Step 1: Identify the latest year that the penalty level or range 
was established (i.e., originally enacted) or last adjusted by statute 
or regulation (other than pursuant to the Federal Civil Penalties 
Inflation Adjustment Act).
    Step 2: Calculate the cost-of-living adjustment, which is the 
percentage for that statutory civil penalty by which the CPI-U for the 
month of October 2015 exceeds the CPI-U for the month of October of the 
year identified in Step 1 (hereafter referred to the ``cost-of-living 
multiplier.'') \6\
---------------------------------------------------------------------------

    \6\ See OMB Memorandum M-16-06 at p. 6 for a list of the 
applicable cost-of-living multipliers by year.
---------------------------------------------------------------------------

    Step 3: Multiply the statutory civil penalty level derived from 
Step 1 by the cost-of-living multiplier calculated in Step 2 and round 
to the nearest dollar.
    Step 4: To calculate the 150 percent increase limitation, identify 
the statutory civil penalty amount in effect on November 2, 2015 \7\ 
and multiply by 2.5.\8\
---------------------------------------------------------------------------

    \7\ 78 FR 66643 (November 6, 2013).
    \8\ To calculate the 150 percent increase limitation, multiply 
the inflation adjusted statutory civil penalty amounts in effect on 
November 2, 2015 by 2.5 or 250 percent.
---------------------------------------------------------------------------

    Step 5: Compare the statutory civil penalty amounts in Step 3 and 
Step 4, and take the lesser of the two amounts. The lesser amount is 
the statutory maximum (or minimum) civil penalty that can be assessed 
on or after August 1, 2016, for violations that occur after November 2, 
2015. Under this rule, these amounts are listed in Table 2 of 40 CFR 
19.4.
    For example, with this rule, the new statutory maximum total 
penalty that may be assessed in an administrative penalty enforcement 
action under Clean Air Act (CAA) section 113(d)(1), 42 U.S.C. 
7413(d)(1), and CAA section 205(c)(1), 42 U.S.C. 7524(c)(1), is 
increasing from $320,000 to $356,312.\9\ Both of these statutory 
maximum penalty amounts were established or last adjusted by Congress 
in 1990, meaning that the applicable cost-of-living multiplier is 
1.78156. Multiplying the originally enacted statutory penalty level of 
$200,000 by the cost-of-living multiplier of 1.78156 yields a statutory 
civil penalty level of $356,312 (see Column D). To determine the 150 
percent statutory cap, multiply the inflation adjusted statutory civil 
maximum penalty level of $320,000, in effect as of November 2, 2015, by 
2.5, which equals $800,000 (see Column F). The new statutory civil 
penalty level is the lesser of the Columns D and F, resulting in an 
upward adjustment for inflation of $36,312 (see Column H) and the new 
statutory civil penalty level of $356,312 (see Column G).
---------------------------------------------------------------------------

    \9\ Note that CAA section 113(d)(1) and section 205(c)(1) 
authorize the imposition of a higher statutory maximum civil penalty 
in an administrative enforcement action if the EPA Administrator and 
the Attorney General jointly decide that a higher statutory maximum 
civil penalty is appropriate in a particular matter.

[[Page 43093]]



 
                                                    A             B              C            D             E             F             G             H
--------------------------------------------------------------------------------------------------------------------------------------------------------
CLEAN AIR ACT (CAA), 42 U.S.C. 7413(d)(1),       1990      $200,000       1.78156      $356,312      $320,000      $800,000      $356,312       $36,312
 7524(c)(1)................................
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The 2015 Act allows agencies to limit the catch-up adjustment to 
less than the otherwise required amount only under narrowly defined 
circumstances. To do so, EPA must determine, and the Director of the 
Office of Management and Budget (OMB) must concur, that ``increasing 
the civil monetary penalty by the otherwise required amount will have a 
negative economic impact; or the social costs of increasing the civil 
monetary penalty by the otherwise required amount outweigh the 
benefits.''\10\ In its February 24, 2016 guidance to Federal agencies 
on the implementation of the 2015 Act, OMB made clear that it expects 
reductions from the statutorily prescribed catch-up adjustment levels 
``to be rare.''\11\ This rare exception does not apply to the civil 
penalty provisions covered by this rule.
---------------------------------------------------------------------------

    \10\ Section 4(c)(1) of the 2015 Act.
    \11\ See OMB Memorandum M-16-06 at p.3.
---------------------------------------------------------------------------

    With this rule, the new statutory maximum (or minimum) penalty 
levels listed in Table 2 to 40 CFR 19.4 will apply to all statutory 
civil penalties assessed on or after August 1, 2016, for violations 
that occurred after November 2, 2015, when the 2015 Act was enacted. 
The statutory civil penalty levels, as codified at Table 1 to 40 CFR 
19.4, will continue to apply to (1) violations that occurred on or 
before November 2, 2015, and (2) violations that occurred after 
November 2, 2015, where the penalty assessment was made prior to August 
1, 2016.

II. The 2015 Act Requires Federal Agencies To Issue These Adjustments 
by Interim Final Rule

    Section 4 of the 2015 Act directs Federal agencies to publish the 
initial catch-up adjustment through an interim final rule no later than 
July 1, 2016, which must be effective no later than August 1, 2016. 
Because the 2015 Act prescribes the formula that Federal agencies must 
follow to calculate the mandated inflation adjustments, the law does 
not provide Federal agencies any discretion to vary the amount of the 
statutory civil penalty changes to reflect any views or suggestions 
provided by commenters. Accordingly, pursuant to the 2015 Act and 5 
U.S.C. 553(b)(3)(B), EPA finds that there is good cause to promulgate 
this rule without providing for public comment. It would be 
impracticable and unnecessary to delay publication of this rule pending 
opportunity for notice and comment because the 2015 Act does not allow 
agencies to alter the rule based on public comment.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    Under Executive Order 12866, OMB determined this interim final rule 
to be a ``non-significant'' regulatory action and, therefore, it did 
not undergo interagency review.\12\
---------------------------------------------------------------------------

    \12\ See OMB Memorandum M-16-06 at pp. 3-4.
---------------------------------------------------------------------------

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This rule merely increases the level of statutory civil 
penalties that could be imposed in the context of a Federal civil 
administrative enforcement action or civil judicial case for violations 
of EPA-administered statutes and their implementing regulations.

C. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA. The RFA applies only to 
rules subject to notice and comment rulemaking requirements under the 
Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute. 
This rule is not subject to notice and comment requirements because the 
2015 Act does not allow agencies to alter the rule based on public 
comment.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action is required by the 2015 Act, without the 
exercise of any policy discretion by EPA. This action also imposes no 
enforceable duty on any state, local or tribal governments or the 
private sector. Because the calculation of any increase is formula-
driven pursuant to the 2015 Act, EPA has no policy discretion to vary 
the amount of the adjustment.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
a substantial direct effect on the states, or on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This rule merely reconciles the real value of 
current statutory civil penalty levels to reflect and keep pace with 
the levels originally set by Congress when the statutes were enacted. 
The calculation of the increases is formula-driven and prescribed by 
statute, and EPA has no discretion to vary the amount of the adjustment 
to reflect any views or suggestions provided by commenters. 
Accordingly, this rule will not have a substantial direct effect 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.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that EPA has reason to believe may disproportionately affect children, 
per the definition of ``covered regulatory

[[Page 43094]]

action'' in section 2-202 of the Executive Order. This action is not 
subject to Executive Order 13045 because it does not concern an 
environmental health risk or safety risk.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    The rule does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    The primary purpose of this rule is to reconcile the real value of 
current statutory civil penalty levels to reflect and keep pace with 
the levels originally set by Congress when the statutes were enacted. 
Because calculation of the increases is formula-driven, EPA has no 
discretion in updating the rule to reflect the allowable statutory 
civil penalties derived from applying the formula. Since there is no 
discretion under the 2015 Act in determining the statutory civil 
penalty level, EPA cannot vary the amount of the statutory civil 
penalty adjustment to address other issues, including environmental 
justice issues.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. The CRA allows the issuing agency to make a rule 
effective sooner than otherwise provided by the CRA if the agency finds 
that notice and comment rulemaking procedures are impracticable, 
unnecessary or contrary to the public interest (5 U.S.C. 808(2)). This 
rule is not subject to notice and comment requirements because the 2015 
Act does not allow agencies to alter the rule based on public comment.

List of Subjects in 40 CFR Part 19

    Environmental protection, Administrative practice and procedure, 
Penalties.

    Dated: June 23, 2016.
Gina McCarthy,
Administrator.

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

PART 19--ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION

0
1. The authority citation for part 19 is revised to read as follows:

    Authority: Pub. L. 101-410, Oct. 5, 1990, 104 Stat. 890, as 
amended by Pub. L. 104-134, title III, sec. 31001(s)(1), Apr. 26, 
1996, 110 Stat. 1321-373; Pub. L. 105-362, title XIII, sec. 1301(a), 
Nov. 10, 1998, 112 Stat. 3293; Pub. L. 114-74, title VII, sec. 
701(b), Nov. 2, 2015, 129 Stat. 599.


0
2. Revise Sec.  19.2 to read as follows:


Sec.  19.2  Effective date.

    The penalty levels in the last column of Table 1 to Sec.  19.4 
apply to all violations which occurred after December 6, 2013 through 
November 2, 2015, and to violations occurring after November 2, 2015, 
where penalties are assessed before August 1, 2016. The statutory civil 
penalty levels set forth in the last column of Table 2 to Sec.  19.4 
apply to all violations which occur after November 2, 2015, where the 
penalties are assessed on or after August 1, 2016.

0
3. Amend Sec.  19.4 by:
0
a. Revising the section heading and the introductory text;
0
b. In Table 1, amending the last column heading by removing the text 
``Penalties effective after December 6, 2013''; and adding ``Statutory 
civil penalties for violations that occurred after December 6, 2013 
through November 2, 2015, or are assessed before August 1, 2016'' in 
its place; and
0
c. Adding a new Table 2.
    The revisions and addition read as follows:


Sec.  19.4  Statutory civil penalties, as adjusted for inflation, and 
tables.

    Table 1 to Sec.  19.4 sets out the statutory civil penalty 
provisions of statutes administered by EPA, with the original statutory 
civil penalty levels, as enacted, and the operative statutory civil 
penalty levels, as adjusted for inflation, for violations occurring on 
or before November 2, 2015, and for violations occurring after November 
2, 2015, where penalties are assessed before August 1, 2016. Table 2 
sets out the statutory civil penalty provisions of statutes 
administered by EPA, with the original statutory civil penalty levels, 
as enacted, with the last column displaying the operative statutory 
civil penalty levels where penalties are assessed on or after August 1, 
2016, for violations that occurred after November 2, 2015.
---------------------------------------------------------------------------

    \1\ Note that 7 U.S.C. 136l.(a)(2) contains three separate 
statutory maximum civil penalty provisions. The first mention of 
$1,000 and the $500 statutory maximum civil penalty amount were 
originally enacted in 1978 (Pub. L 95-396), and the second mention 
of $1,000 was enacted in 1972 (Pub. L. 92-516).
---------------------------------------------------------------------------

* * * * *

                      Table 2 of Section 19.4--Civil Monetary Penalty Inflation Adjustments
----------------------------------------------------------------------------------------------------------------
                                                                                             Statutory civil
                                                                                              penalties for
                                                                                             violations that
        U.S. Code citation             Environmental statute        Statutory civil           occurred after
                                                                 penalties, as enacted     November 2, 2015 and
                                                                                           assessed on or after
                                                                                              August 1, 2016
----------------------------------------------------------------------------------------------------------------
7 U.S.C. 136l.(a)(1)..............  FEDERAL INSECTICIDE,                         $5,000                  $18,750
                                     FUNGICIDE, AND
                                     RODENTICIDE ACT (FIFRA).
7 U.S.C. 136l.(a)(2) \1\..........  FIFRA.....................          1,000/500/1,000        2,750/1,772/2,750

[[Page 43095]]

 
15 U.S.C. 2615(a)(1)..............  TOXIC SUBSTANCES CONTROL                     25,000                   37,500
                                     ACT (TSCA).
15 U.S.C. 2647(a).................  TSCA......................                    5,000                   10,781
15 U.S.C. 2647(g).................  TSCA......................                    5,000                    8,908
31 U.S.C. 3802(a)(1)..............  PROGRAM FRAUD CIVIL                           5,000                   10,781
                                     REMEDIES ACT (PFCRA).
31 U.S.C. 3802(a)(2)..............  PFCRA.....................                    5,000                   10,781
33 U.S.C. 1319(d).................  CLEAN WATER ACT (CWA).....                   25,000                   51,570
33 U.S.C. 1319(g)(2)(A)...........  CWA.......................            10,000/25,000            20,628/51,570
33 U.S.C. 1319(g)(2)(B)...........  CWA.......................           10,000/125,000           20,628/257,848
33 U.S.C. 1321(b)(6)(B)(i)........  CWA.......................            10,000/25,000            17,816/44,539
33 U.S.C. 1321(b)(6)(B)(ii).......  CWA.......................           10,000/125,000           17,816/222,695
33 U.S.C. 1321(b)(7)(A)...........  CWA.......................             25,000/1,000             44,539/1,782
33 U.S.C. 1321(b)(7)(B)...........  CWA.......................                   25,000                   44,539
33 U.S.C. 1321(b)(7)(C)...........  CWA.......................                   25,000                   44,539
33 U.S.C. 1321(b)(7)(D)...........  CWA.......................            100,000/3,000            178,156/5,345
33 U.S.C. 1414b(d)(1).............  MARINE PROTECTION,                              600                    1,187
                                     RESEARCH, AND SANCTUARIES
                                     ACT (MPRSA).
33 U.S.C. 1415(a).................  MPRSA.....................           50,000/125,000          187,500/247,336
33 U.S.C. 1901 note (see            CERTAIN ALASKAN CRUISE                10,000/25,000            13,669/34,172
 1409(a)(2)(A)).                     SHIP OPERATIONS (CACSO).
33 U.S.C. 1901 note (see            CACSO.....................           10,000/125,000           13,669/170,861
 1409(a)(2)(B)).
33 U.S.C. 1901 note (see            CACSO.....................                   25,000                   34,172
 1409(b)(1)).
33 U.S.C. 1908(b)(1)..............  ACT TO PREVENT POLLUTION                     25,000                   70,117
                                     FROM SHIPS (APPS).
33 U.S.C. 1908(b)(2)..............  APPS......................                    5,000                   14,023
42 U.S.C. 300g-3(b)...............  SAFE DRINKING WATER ACT                      25,000                   53,907
                                     (SDWA).
42 U.S.C. 300g-3(g)(3)(A).........  SDWA......................                   25,000                   53,907
42 U.S.C. 300g-3(g)(3)(B).........  SDWA......................             5,000/25,000            10,781/37,561
42 U.S.C. 300g-3(g)(3)(C).........  SDWA......................                   25,000                   37,561
42 U.S.C. 300h-2(b)(1)............  SDWA......................                   25,000                   53,907
42 U.S.C. 300h-2(c)(1)............  SDWA......................           10,000/125,000           21,563/269,535
42 U.S.C. 300h-2(c)(2)............  SDWA......................            5,000/125,000           10,781/269,535
42 U.S.C. 300h-3(c)...............  SDWA......................             5,000/10,000            18,750/40,000
42 U.S.C. 300i(b).................  SDWA......................                   15,000                   22,537
42 U.S.C. 300i-1(c)...............  SDWA......................        100,000/1,000,000        131,185/1,311,850
42 U.S.C. 300j(e)(2)..............  SDWA......................                    2,500                    9,375
42 U.S.C. 300j-4(c)...............  SDWA......................                   25,000                   53,907
42 U.S.C. 300j-6(b)(2)............  SDWA......................                   25,000                   37,561
42 U.S.C. 300j-23(d)..............  SDWA......................             5,000/50,000             9,893/98,935
42 U.S.C. 4852d(b)(5).............  RESIDENTIAL LEAD--BASED                      10,000                   16,773
                                     PAINT HAZARD REDUCTION
                                     ACT OF 1992.
42 U.S.C. 4910(a)(2)..............  NOISE CONTROL ACT OF 1972.                   10,000                   35,445
42 U.S.C. 6928(a)(3)..............  RESOURCE CONSERVATION AND                    25,000                   93,750
                                     RECOVERY ACT (RCRA).
42 U.S.C. 6928(c).................  RCRA......................                   25,000                   56,467
42 U.S.C. 6928(g).................  RCRA......................                   25,000                   70,117
42 U.S.C. 6928(h)(2)..............  RCRA......................                   25,000                   56,467
42 U.S.C. 6934(e).................  RCRA......................                    5,000                   14,023
42 U.S.C. 6973(b).................  RCRA......................                    5,000                   14,023
42 U.S.C. 6991e(a)(3).............  RCRA......................                   25,000                   56,467
42 U.S.C. 6991e(d)(1).............  RCRA......................                   10,000                   22,587
42 U.S.C. 6991e(d)(2).............  RCRA......................                   10,000                   22,587
42 U.S.C. 7413(b).................  CLEAN AIR ACT (CAA).......                   25,000                   93,750
42 U.S.C. 7413(d)(1)..............  CAA.......................           25,000/200,000           44,539/356,312
42 U.S.C. 7413(d)(3)..............  CAA.......................                    5,000                    8,908
42 U.S.C. 7524(a).................  CAA.......................             25,000/2,500             44,539/4,454
42 U.S.C. 7524(c)(1)..............  CAA.......................                  200,000                  356,312
42 U.S.C. 7545(d)(1)..............  CAA.......................                   25,000                   44,539
42 U.S.C. 9604(e)(5)(B)...........  COMPREHENSIVE                                25,000                   53,907
                                     ENVIRONMENTAL RESPONSE,
                                     COMPENSATION, AND
                                     LIABILITY ACT (CERCLA).
42 U.S.C. 9606(b)(1)..............  CERCLA....................                   25,000                   53,907
42 U.S.C. 9609(a)(1)..............  CERCLA....................                   25,000                   53,907
42 U.S.C. 9609(b).................  CERCLA....................            25,000/75,000           53,907/161,721
42 U.S.C. 9609(c).................  CERCLA....................            25,000/75,000           53,907/161,721
42 U.S.C. 11045(a)................  EMERGENCY PLANNING AND                       25,000                   53,907
                                     COMMUNITY RIGHT-TO-KNOW
                                     ACT (EPCRA).

[[Page 43096]]

 
42 U.S.C. 11045(b)(1)(A)..........  EPCRA.....................                   25,000                   53,907
42 U.S.C. 11045(b)(2).............  EPCRA.....................            25,000/75,000           53,907/161,721
42 U.S.C. 11045(b)(3).............  EPCRA.....................            25,000/75,000           53,907/161,721
42 U.S.C. 11045(c)(1).............  EPCRA.....................                   25,000                   53,907
42 U.S.C. 11045(c)(2).............  EPCRA.....................                   10,000                   21,563
42 U.S.C. 11045(d)(1).............  EPCRA.....................                   25,000                   53,907
42 U.S.C. 14304(a)(1).............  MERCURY--CONTAINING AND                      10,000                   15,025
                                     RECHARGEABLE BATTERY
                                     MANAGEMENT ACT (BATTERY
                                     ACT).
42 U.S.C. 14304(g)................  BATTERY ACT...............                   10,000                   15,025
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-15411 Filed 6-30-16; 8:45 am]
 BILLING CODE 6560-50-P