[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Rules and Regulations]
[Pages 1676-1679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00349]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 19

[FRL-5906.6-01-OECA]


Civil Monetary Penalty Inflation Adjustment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is promulgating this 
final rule to adjust the level of the maximum (and minimum) statutory 
civil monetary penalty amounts under the statutes the EPA administers. 
This action is mandated by the Federal Civil Penalties Inflation 
Adjustment Act of 1990, as amended through the Federal Civil Penalties 
Inflation Adjustment Act Improvements Act of 2015 (``the 2015 Act''). 
The 2015 Act prescribes a formula for annually adjusting the statutory 
maximum (and minimum) amount of civil monetary penalties to reflect 
inflation, maintain the deterrent effect of statutory civil monetary 
penalties, and promote compliance with the law. The rule does not 
establish specific civil monetary penalty amounts the EPA may seek in 
particular cases, as appropriate given the facts of particular cases 
and applicable agency penalty policies. The EPA's civil penalty 
policies, which guide enforcement personnel on how to exercise the 
EPA's discretion within 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 final rule is effective January 12, 2022.

FOR FURTHER INFORMATION CONTACT: David Smith-Watts, Office of Civil 
Enforcement, Office of Enforcement and Compliance Assurance, Mail Code 
2241A, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460, telephone number: (202) 564-4083; [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Since 1996, Federal agencies have been required to issue 
regulations adjusting for inflation the statutory civil monetary 
penalties \1\ that can be imposed under 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 monetary penalties 
every four years, and to adjust the statutory civil monetary penalty 
amounts for inflation if the increase met the DCIA's adjustment 
methodology. In accordance with the DCIA, the EPA reviewed and, as 
appropriate, adjusted the civil monetary 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).
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    \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--
(1)(i) is for a specific monetary amount as provided by Federal law; 
or (ii) has a maximum amount provided for by Federal law; and (2) is 
assessed or enforced by an agency pursuant to Federal law; and (3) 
is assessed or enforced pursuant to an administrative proceeding or 
a civil action in the Federal courts.
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    The 2015 Act \2\ required each Federal agency to adjust the level 
of statutory civil monetary penalties under the laws implemented by 
that agency with an initial ``catch-up'' adjustment through an interim 
final rulemaking. The 2015 Act also required Federal agencies, 
beginning on January 15, 2017, to make subsequent annual adjustments 
for inflation. Section 4 of the 2015 Act requires each Federal agency 
to publish these adjustments by January 15 of each year. The purpose of 
the 2015 Act is to maintain the deterrent effect of civil monetary 
penalties by translating originally enacted statutory civil penalty 
amounts to today's dollars and rounding statutory civil penalties to 
the nearest dollar.
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    \2\ The Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 (Section 701 of Pub. L.114-74) was signed 
into law on November 2, 2015, and further amended the Federal Civil 
Penalties Inflation Adjustment Act of 1990.
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    As required by the 2015 Act, the EPA issued a catch-up rule on July 
1, 2016, which was effective August 1, 2016 (81 FR 43091). The EPA has 
made five annual adjustments since then: On January 12, 2017, effective 
on January 15, 2017 (82 FR 3633); on January 10, 2018, effective on 
January 15, 2018 (83 FR 1190); on February 6, 2019, effective February 
6, 2019 (84 FR 2056), and issued a subsequent correction on February 
25, 2019 (84 FR 5955); on January 13, 2020, effective the same day (85 
FR 1751); and on December 23, 2020, effective the same day (85 FR 
83818). This rule implements the sixth annual adjustment mandated by 
the 2015 Act.
    The 2015 Act provides a formula for calculating the adjustments. 
Each statutory maximum and minimum \3\ civil monetary penalty, as 
currently adjusted, is multiplied by the cost-of-living adjustment 
multiplier, which is the percentage by which the Consumer Price Index 
for all Urban Consumers (CPI-U) for the month of October 2021 exceeds 
the CPI-U for the month of October 2020.\4\
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    \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 
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 the person in violation of this subsection 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\ Current and historical CPI-U's can be found on the Bureau of 
Labor Statistics' website here: https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-202110.pdf.
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    With this rule, the new statutory maximum and minimum penalty 
levels listed in the third column of Table 1 of 40 CFR 19.4 will apply 
to all civil monetary penalties assessed on or after January 12, 2022, 
for violations that occurred after November 2, 2015, the

[[Page 1677]]

date the 2015 Act was enacted. The former maximum and minimum statutory 
civil monetary penalty levels, which are in the fourth column of Table 
1 to 40 CFR 19.4, will now apply only to violations that occurred after 
November 2, 2015, where the penalties were assessed on or after 
December 23, 2020, but before January 12, 2022. The statutory civil 
monetary penalty levels that apply to violations that occurred on or 
before November 2, 2015, are codified at Table 2 to 40 CFR 19.4. The 
fifth column of Table 1 and the seventh column of Table 2 display the 
statutory civil monetary penalty levels as originally enacted.
    The formula for determining the cost-of-living or inflation 
adjustment to statutory civil monetary penalties consists of the 
following steps:
    Step 1: The cost-of-living adjustment multiplier for 2022 is the 
percentage by which the CPI-U of October 2021 (276.589) exceeds the 
CPI-U for the month of October 2020 (260.388), which is 1.06222.\5\ 
Multiply 1.06222 by the current penalty amount. This is the raw 
adjusted penalty value.
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    \5\ Section 5(b) of the 2015 Act provides that the term ``cost-
of-living adjustment'' means the percentage (if any) for each civil 
monetary penalty by which--
    (1) the Consumer Price Index for the month of October preceding 
the date of the adjustment, exceeds
    (2) the Consumer Price Index for the month of October 1 year 
before the month of October referred to in paragraph (2).
    Because the CPI-U for October 2021 is 276.589 and the CPI-U for 
October 2020 is 260.388, the cost-of-living multiplier is 1.06222 
(276.589 divided by 260.388).
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    Step 2: Round the raw adjusted penalty value. Section 5 of the 2015 
Act states that any adjustment shall be rounded to the nearest multiple 
of $1. The result is the final penalty value for the year.

II. The 2015 Act Requires Federal Agencies To Publish Annual Penalty 
Inflation Adjustments Notwithstanding Section 553 of the Administrative 
Procedure Act

    Pursuant to section 4 of the 2015 Act, each Federal agency is 
required to publish adjustments no later than January 15 each year. In 
accordance with section 553 of the Administrative Procedure Act (APA), 
most rules are subject to notice and comment and are effective no 
earlier than 30 days after publication in the Federal Register. 
However, section 4(b)(2) of the 2015 Act provides that each agency 
shall make the annual inflation adjustments ``notwithstanding section 
553'' of the APA. Consistent with the language of the 2015 Act, this 
rule is not subject to notice and an opportunity for public comment and 
will be effective on January 12, 2022.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

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

    This action is not a significant regulatory action and was 
therefore not submitted to OMB for review.

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 
monetary penalties that can 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 
APA, 5 U.S.C. 553, or any other statute. Because the 2015 Act directs 
Federal agencies to publish this rule notwithstanding section 553 of 
the APA, this rule is not subject to notice and comment requirements or 
the RFA.

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 the 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, the 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, 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 monetary penalty levels to reflect and keep pace with the levels 
originally set by Congress when the statutes were enacted or amended. 
The calculation of the increases is formula-driven and prescribed by 
statute, and the 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.
    Thus, Executive Order 13175 does not apply to this action.

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 the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory 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 (NTTAA)

    The rulemaking does not involve technical standards.

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

    The EPA believes that this action is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard. Rather, this action is 
mandated by the 2015 Act, which prescribes a formula for adjusting 
statutory civil penalties on an annual basis to reflect inflation.

[[Page 1678]]

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the 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 makes 
a good cause finding that notice and comment rulemaking procedures are 
impracticable, unnecessary or contrary to the public interest (5 U.S.C. 
808(2)). The EPA finds that the APA's notice and comment rulemaking 
procedures are unnecessary because the 2015 Act directs Federal 
agencies to publish their annual penalty inflation adjustments 
``notwithstanding section 553 [of the APA].''

List of Subjects in 40 CFR Part 19

    Environmental protection, Administrative practice and procedure, 
Penalties.

Michael S. Regan,
Administrator.

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

PART 19--ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION

0
1. The authority citation for part 19 continues 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.

    (a) The statutory civil monetary penalty levels set forth in the 
third column of Table 1 of Sec.  19.4 apply to all violations which 
occur or occurred after November 2, 2015, where the penalties are 
assessed on or after January 12, 2022. The statutory civil monetary 
penalty levels set forth in the fourth column of Table 1 of Sec.  19.4 
apply to all violations which occurred after November 2, 2015, where 
the penalties were assessed on or after December 23, 2020, but before 
January 12, 2022.
    (b) The statutory monetary penalty levels in the third column of 
table 2 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 were assessed before August 1, 
2016. The statutory civil monetary penalty levels set forth in the 
fourth column of table 2 of Sec.  19.4 apply to all violations which 
occurred after January 12, 2009 through December 6, 2013. The statutory 
civil monetary penalty levels set forth in the fifth column of table 2 
of Sec.  19.4 apply to all violations which occurred after March 15, 
2004 through January 12, 2009. The statutory civil monetary penalty 
levels set forth in the sixth column of table 2 of Sec.  19.4 apply to 
all violations which occurred after January 30, 1997 through March 15, 
2004.

0
3. In Sec.  19.4, revise the section heading, introductory text, and 
table 1 of Sec.  19.4 to read as follows:


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

    Table 1 of this section sets out the statutory civil monetary 
penalty provisions of statutes administered by the EPA, with the third 
column setting out the latest operative statutory civil monetary 
penalty levels for violations that occur or occurred after November 2, 
2015, where penalties are assessed on or after January 12, 2022. The 
fourth column displays the operative statutory civil monetary penalty 
levels where penalties were assessed on or after December 23, 2020, but 
before January 12, 2022. Table 2 of this section sets out the statutory 
civil monetary penalty provision of statutes administered by the EPA, 
with the operative statutory civil monetary penalty levels, as adjusted 
for inflation, for violations that occurred on or before November 2, 
2015, and for violations that occurred after November 2, 2015, where 
penalties were assessed before August 1, 2016.

                                          Table 1 of Sec.   19.4--Civil Monetary Penalty Inflation Adjustments
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                                                                                                            Statutory civil
                                                                                   Statutory civil       monetary penalties for
                                                                                monetary penalties for      violations that
                                                                                violations that occur   occurred after November      Statutory civil
             U.S. Code citation                    Environmental statute          or occurred after          2, 2015, where       monetary penalties, as
                                                                               November 2, 2015, where  penalties were assessed          enacted
                                                                               penalties are  assessed   on or after  December
                                                                                on or after  1/12/2022  23, 2020, but before 1/
                                                                                                                12/2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
7 U.S.C. 136l(a)(1).........................  FEDERAL INSECTICIDE, FUNGICIDE,                  $21,805                  $20,528                   $5,000
                                               AND RODENTICIDE ACT (FIFRA).
7 U.S.C. 136l(a)(2) \1\.....................  FIFRA..........................        3,198/2,061/3,198        3,011/1,940/3,011          1,000/500/1,000
15 U.S.C. 2615(a)(1)........................  TOXIC SUBSTANCES CONTROL ACT                      43,611                   41,056                   25,000
                                               (TSCA).
15 U.S.C. 2647(a)...........................  TSCA...........................                   12,537                   11,803                    5,000
15 U.S.C. 2647(g)...........................  TSCA...........................                   10,360                    9,753                    5,000
31 U.S.C. 3802(a)(1)........................  PROGRAM FRAUD CIVIL REMEDIES                      12,537                   11,803                    5,000
                                               ACT (PFCRA).
31 U.S.C. 3802(a)(2)........................  PFCRA..........................                   12,537                   11,803                    5,000
33 U.S.C. 1319(d)...........................  CLEAN WATER ACT (CWA)..........                   59,973                   56,460                   25,000
33 U.S.C. 1319(g)(2)(A).....................  CWA............................            23,989/59,973            22,584/56,460            10,000/25,000
33 U.S.C. 1319(g)(2)(B).....................  CWA............................           23,989/299,857           22,584/282,293           10,000/125,000
33 U.S.C. 1321(b)(6)(B)(i)..................  CWA............................            20,719/51,796            19,505/48,762            10,000/25,000
33 U.S.C. 1321(b)(6)(B)(ii).................  CWA............................           20,719/258,978           19,505/243,808           10,000/125,000
33 U.S.C. 1321(b)(7)(A).....................  CWA............................             51,796/2,072             48,762/1,951             25,000/1,000
33 U.S.C. 1321(b)(7)(B).....................  CWA............................                   51,796                   48,762                   25,000
33 U.S.C. 1321(b)(7)(C).....................  CWA............................                   51,796                   48,762                   25,000
33 U.S.C. 1321(b)(7)(D).....................  CWA............................            207,183/6,215            195,047/5,851            100,000/3,000
33 U.S.C. 1414b(d)(1)(A)....................  MARINE PROTECTION, RESEARCH,                       1,380                    1,299                      600
                                               AND SANCTUARIES ACT (MPRSA).
33 U.S.C. 1415(a)...........................  MPRSA..........................          218,048/287,632          205,276/270,784           50,000/125,000
33 U.S.C. 1901 note (see 1409(a)(2)(A)).....  CERTAIN ALASKAN CRUISE SHIP                15,897/39,740            14,966/37,412            10,000/25,000
                                               OPERATIONS (CACSO).
33 U.S.C. 1901 note (see 1409(a)(2)(B)).....  CACSO..........................           15,897/198,698           14,966/187,059           10,000/125,000
33 U.S.C. 1901 note (see 1409(b)(1))........  CACSO..........................                   39,740                   37,412                   25,000

[[Page 1679]]

 
33 U.S.C. 1908(b)(1)........................  ACT TO PREVENT POLLUTION FROM                     81,540                   76,764                   25,000
                                               SHIPS (APPS).
33 U.S.C. 1908(b)(2)........................  APPS...........................                   16,307                   15,352                    5,000
42 U.S.C. 300g-3(b).........................  SAFE DRINKING WATER ACT (SDWA).                   62,689                   59,017                   25,000
42 U.S.C. 300g-3(g)(3)(A)...................  SDWA...........................                   62,689                   59,017                   25,000
42 U.S.C. 300g-3(g)(3)(B)...................  SDWA...........................            12,537/43,678            11,803/41,120             5,000/25,000
42 U.S.C. 300g-3(g)(3)(C)...................  SDWA...........................                   43,678                   41,120                   25,000
42 U.S.C. 300h-2(b)(1)......................  SDWA...........................                   62,689                   59,017                   25,000
42 U.S.C. 300h-2(c)(1)......................  SDWA...........................           25,076/313,448           23,607/295,088           10,000/125,000
42 U.S.C. 300h-2(c)(2)......................  SDWA...........................           12,537/313,448           11,803/295,088            5,000/125,000
42 U.S.C. 300h-3(c).........................  SDWA...........................            21,805/46,517            20,528/43,792             5,000/10,000
42 U.S.C. 300i(b)...........................  SDWA...........................                   26,209                   24,674                   15,000
42 U.S.C. 300i-1(c).........................  SDWA...........................        152,557/1,525,582        143,621/1,436,220        100,000/1,000,000
42 U.S.C. 300j(e)(2)........................  SDWA...........................                   10,902                   10,263                    2,500
42 U.S.C. 300j-4(c).........................  SDWA...........................                   62,689                   59,017                   25,000
42 U.S.C. 300j-6(b)(2)......................  SDWA...........................                   43,678                   41,120                   25,000
42 U.S.C. 300j-23(d)........................  SDWA...........................           11,506/115,054           10,832/108,315             5,000/50,000
42 U.S.C. 4852d(b)(5).......................  RESIDENTIAL LEAD-BASED PAINT                      19,507                   18,364                   10,000
                                               HAZARD REDUCTION ACT OF 1992.
42 U.S.C. 4910(a)(2)........................  NOISE CONTROL ACT OF 1972......                   41,219                   38,805                   10,000
42 U.S.C. 6928(a)(3)........................  RESOURCE CONSERVATION AND                        109,024                  102,638                   25,000
                                               RECOVERY ACT (RCRA).
42 U.S.C. 6928(c)...........................  RCRA...........................                   65,666                   61,820                   25,000
42 U.S.C. 6928(g)...........................  RCRA...........................                   81,540                   76,764                   25,000
42 U.S.C. 6928(h)(2)........................  RCRA...........................                   65,666                   61,820                   25,000
42 U.S.C. 6934(e)...........................  RCRA...........................                   16,307                   15,352                    5,000
42 U.S.C. 6973(b)...........................  RCRA...........................                   16,307                   15,352                    5,000
42 U.S.C. 6991e(a)(3).......................  RCRA...........................                   65,666                   61,820                   25,000
42 U.S.C. 6991e(d)(1).......................  RCRA...........................                   26,269                   24,730                   10,000
42 U.S.C. 6991e(d)(2).......................  RCRA...........................                   26,269                   24,730                   10,000
42 U.S.C. 7413(b)...........................  CLEAN AIR ACT (CAA)............                  109,024                  102,638                   25,000
42 U.S.C. 7413(d)(1)........................  CAA............................           51,796/414,364           48,762/390,092           25,000/200,000
42 U.S.C. 7413(d)(3)........................  CAA............................                   10,360                    9,753                    5,000
42 U.S.C. 7524(a)...........................  CAA............................             51,796/5,179             48,762/4,876             25,000/2,500
42 U.S.C. 7524(c)(1)........................  CAA............................                  414,364                  390,092                  200,000
42 U.S.C. 7545(d)(1)........................  CAA............................                   51,796                   48,762                   25,000
42 U.S.C. 9604(e)(5)(B).....................  COMPREHENSIVE ENVIRONMENTAL                       62,689                   59,017                   25,000
                                               RESPONSE, COMPENSATION, AND
                                               LIABILITY ACT (CERCLA).
42 U.S.C. 9606(b)(1)........................  CERCLA.........................                   62,689                   59,017                   25,000
42 U.S.C. 9609(a)(1)........................  CERCLA.........................                   62,689                   59,017                   25,000
42 U.S.C. 9609(b)...........................  CERCLA.........................           62,689/188,069           59,017/177,053            25,000/75,000
42 U.S.C. 9609(c)...........................  CERCLA.........................           62,689/188,069           59,017/177,053            25,000/75,000
42 U.S.C. 11045(a)..........................  EMERGENCY PLANNING AND                            62,689                   59,017                   25,000
                                               COMMUNITY RIGHT-TO-KNOW ACT
                                               (EPCRA).
42 U.S.C. 11045(b)(1)(A)....................  EPCRA..........................                   62,689                   59,017                   25,000
42 U.S.C. 11045(b)(2).......................  EPCRA..........................           62,689/188,069           59,017/177,053            25,000/75,000
42 U.S.C. 11045(b)(3).......................  EPCRA..........................           62,689/188,069           59,017/177,053            25,000/75,000
42 U.S.C. 11045(c)(1).......................  EPCRA..........................                   62,689                   59,017                   25,000
42 U.S.C. 11045(c)(2).......................  EPCRA..........................                   25,076                   23,607                   10,000
42 U.S.C. 11045(d)(1).......................  EPCRA..........................                   62,689                   59,017                   25,000
42 U.S.C. 14304(a)(1).......................  MERCURY-CONTAINING AND                            17,474                   16,450                   10,000
                                               RECHARGEABLE BATTERY
                                               MANAGEMENT ACT (BATTERY ACT).
42 U.S.C. 14304(g)..........................  BATTERY ACT....................                   17,474                   16,450                   10,000
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\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).

* * * * *
[FR Doc. 2022-00349 Filed 1-11-22; 8:45 am]
BILLING CODE 6560-50-P