[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.
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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