Rule2022-28611
Civil Monetary Penalty Inflation Adjustment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 6, 2023
Effective
January 6, 2023
Issuing agencies
Environmental Protection Agency
Abstract
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 the violator's ability to pay.
Full Text
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<title>Federal Register, Volume 88 Issue 4 (Friday, January 6, 2023)</title>
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[Federal Register Volume 88, Number 4 (Friday, January 6, 2023)]
[Rules and Regulations]
[Pages 986-990]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28611]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 19
[FRL-5906.7-01-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 the violator's ability to pay.
DATES: This final rule is effective January 6, 2023.
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; <a href="/cdn-cgi/l/email-protection#b1c2dcd8c5d99cc6d0c5c5c29fd5d0c7d8d5f1d4c1d09fd6dec7"><span class="__cf_email__" data-cfemail="13607e7a677b3e64726767603d7772657a77537663723d747c65">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
The 2015 Act \1\ requires each Federal agency to adjust the level
of statutory civil monetary penalties under the laws implemented by
that agency with annual adjustments to account 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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\1\ 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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Since January 15, 2017, the EPA has made six annual adjustments: 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 the same day (84 FR 2056), with a
subsequent correction on February 25, 2019 (84 FR 5955); on January 13,
2020, effective the same day (85 FR 1751); on December 23, 2020,
effective the same day (85 FR 83818); and on January 12,
[[Page 987]]
2022, effective the same day (87 FR 1676). This rule implements the
seventh annual adjustment mandated by the 2015 Act.
The 2015 Act provides a formula for calculating the adjustments.
Each statutory maximum and minimum \2\ 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 2022 exceeds
the CPI-U for the month of October 2021.\3\
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\2\ Under Section 3(2)(A) of the 2015 Act, a `` `civil monetary
penalty' [is] any penalty, fine or other sanction that--is for 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)(A) of the Marine
Protection, Research, and Sanctuaries Act, 33 U.S.C. 1414b(d)(1)(A),
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.
\3\ Current and historical CPI-U's can be found on the Bureau of
Labor Statistics' website here: <a href="https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-202210.pdf">https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-202210.pdf</a>.
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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 6, 2023,
for violations that occurred after November 2, 2015, the 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 January
12, 2022, but before January 6, 2023. 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 2023 is the
percentage by which the CPI-U of October 2022 (298.012) exceeds the
CPI-U for the month of October 2021 (276.589), which is 1.07745.\4\
Multiply 1.07745 by the current penalty amount. This is the raw
adjusted penalty value.
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\4\ 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--
(A) the Consumer Price Index for the month of October preceding
the date of the adjustment, exceeds
(B) the Consumer Price Index for the month of October 1 year
before the month of October referred to in subparagraph (A).
Because the CPI-U for October 2022 is 298.012 and the CPI-U for
October 2021 is 276.589, the cost-of-living multiplier is 1.07745
(298.012 divided by 276.589).
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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),
5 U.S.C. 553, 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 6, 2023.
III. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
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 the Office of Management and Budget (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
Administrative Procedure Act (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.
[[Page 988]]
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 Concerning Regulations 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
Executive Order 12898 (59 FR 7629, February 16, 1994) 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 (people of color) and low-income
populations.
The EPA believes that this type of action does not concern human
health or environmental conditions and therefore cannot be evaluated
with respect to potentially disproportionate and adverse effects on
people of color, low-income populations and/or Indigenous peoples.
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.
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 6, 2023. 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 January 12, 2022, but before
January 6, 2023.
(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. Amend Sec. 19.4 by revising 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 6, 2023. The
fourth column displays the operative statutory civil monetary penalty
levels where penalties were assessed on or after January 12, 2022, but
before January 6, 2023. 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 January 12,
on or after January 6, 2022, but before
2023 January 6, 2023
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7 U.S.C. 136l(a)(1)......................... FEDERAL INSECTICIDE, FUNGICIDE, $23,494 $21,805 $5,000
AND RODENTICIDE ACT (FIFRA).
[[Page 989]]
7 U.S.C. 136l(a)(2) \1\..................... FIFRA.......................... 3,446/2,221/3,446 3,198/2,061/3,198 1,000/500/1,000
15 U.S.C. 2615(a)(1)........................ TOXIC SUBSTANCES CONTROL ACT 46,989 43,611 25,000
(TSCA).
15 U.S.C. 2647(a)........................... TSCA........................... 13,508 12,537 5,000
15 U.S.C. 2647(g)........................... TSCA........................... 11,162 10,360 5,000
31 U.S.C. 3802(a)(1)........................ PROGRAM FRAUD CIVIL REMEDIES 13,508 12,537 5,000
ACT (PFCRA).
31 U.S.C. 3802(a)(2)........................ PFCRA.......................... 13,508 12,537 5,000
33 U.S.C. 1319(d)........................... CLEAN WATER ACT (CWA).......... 64,618 59,973 25,000
33 U.S.C. 1319(g)(2)(A)..................... CWA............................ 25,847/64,618 23,989/59,973 10,000/25,000
33 U.S.C. 1319(g)(2)(B)..................... CWA............................ 25,847/323,081 23,989/299,857 10,000/125,000
33 U.S.C. 1321(b)(6)(B)(i).................. CWA............................ 22,324/55,808 20,719/51,796 10,000/25,000
33 U.S.C. 1321(b)(6)(B)(ii)................. CWA............................ 22,324/279,036 20,719/258,978 10,000/125,000
33 U.S.C. 1321(b)(7)(A)..................... CWA............................ 55,808/2,232 51,796/2,072 25,000/1,000
33 U.S.C. 1321(b)(7)(B)..................... CWA............................ 55,808 51,796 25,000
33 U.S.C. 1321(b)(7)(C)..................... CWA............................ 55,808 51,796 25,000
33 U.S.C. 1321(b)(7)(D)..................... CWA............................ 223,229/6,696 207,183/6,215 100,000/3,000
33 U.S.C. 1414b(d)(1)(A).................... MARINE PROTECTION, RESEARCH, 1,487 1,380 600
AND SANCTUARIES ACT (MPRSA).
33 U.S.C. 1415(a)........................... MPRSA.......................... 234,936/309,909 218,048/287,632 50,000/125,000
33 U.S.C. 1901 note (see 1409(a)(2)(A))..... CERTAIN ALASKAN CRUISE SHIP 17,128/42,818 15,897/39,740 10,000/25,000
OPERATIONS (CACSO).
33 U.S.C. 1901 note (see 1409(a)(2)(B))..... CACSO.......................... 17,128/214,087 15,897/198,698 10,000/125,000
33 U.S.C. 1901 note (see 1409(b)(1))........ CACSO.......................... 42,818 39,740 25,000
33 U.S.C. 1908(b)(1)........................ ACT TO PREVENT POLLUTION FROM 87,855 81,540 25,000
SHIPS (APPS).
33 U.S.C. 1908(b)(2)........................ APPS........................... 17,570 16,307 5,000
42 U.S.C. 300g-3(b)......................... SAFE DRINKING WATER ACT (SDWA). 67,544 62,689 25,000
42 U.S.C. 300g-3(g)(3)(A)................... SDWA........................... 67,544 62,689 25,000
42 U.S.C. 300g-3(g)(3)(B)................... SDWA........................... 13,508/47,061 12,537/43,678 5,000/25,000
42 U.S.C. 300g-3(g)(3)(C)................... SDWA........................... 47,061 43,678 25,000
42 U.S.C. 300h-2(b)(1)...................... SDWA........................... 67,544 62,689 25,000
42 U.S.C. 300h-2(c)(1)...................... SDWA........................... 27,018/337,725 25,076/313,448 10,000/125,000
42 U.S.C. 300h-2(c)(2)...................... SDWA........................... 13,508/337,725 12,537/313,448 5,000/125,000
42 U.S.C. 300h-3(c)......................... SDWA........................... 23,494/50,120 21,805/46,517 5,000/10,000
42 U.S.C. 300i(b)........................... SDWA........................... 28,239 26,209 15,000
42 U.S.C. 300i-1(c)......................... SDWA........................... 164,373/1,643,738 152,557/1,525,582 100,000/1,000,000
42 U.S.C. 300j(e)(2)........................ SDWA........................... 11,746 10,902 2,500
42 U.S.C. 300j-4(c)......................... SDWA........................... 67,544 62,689 25,000
42 U.S.C. 300j-6(b)(2)...................... SDWA........................... 47,061 43,678 25,000
42 U.S.C. 300j-23(d)........................ SDWA........................... 12,397/123,965 11,506/115,054 5,000/50,000
42 U.S.C. 4852d(b)(5)....................... RESIDENTIAL LEAD-BASED PAINT 21,018 19,507 10,000
HAZARD REDUCTION ACT OF 1992.
42 U.S.C. 4910(a)(2)........................ NOISE CONTROL ACT OF 1972...... 44,411 41,219 10,000
42 U.S.C. 6928(a)(3)........................ RESOURCE CONSERVATION AND 117,468 109,024 25,000
RECOVERY ACT (RCRA).
42 U.S.C. 6928(c)........................... RCRA........................... 70,752 65,666 25,000
42 U.S.C. 6928(g)........................... RCRA........................... 87,855 81,540 25,000
42 U.S.C. 6928(h)(2)........................ RCRA........................... 70,752 65,666 25,000
42 U.S.C. 6934(e)........................... RCRA........................... 17,570 16,307 5,000
42 U.S.C. 6973(b)........................... RCRA........................... 17,570 16,307 5,000
42 U.S.C. 6991e(a)(3)....................... RCRA........................... 70,752 65,666 25,000
42 U.S.C. 6991e(d)(1)....................... RCRA........................... 28,304 26,269 10,000
42 U.S.C. 6991e(d)(2)....................... RCRA........................... 28,304 26,269 10,000
42 U.S.C. 7413(b)........................... CLEAN AIR ACT (CAA)............ 117,468 109,024 25,000
42 U.S.C. 7413(d)(1)........................ CAA............................ 55,808/446,456 51,796/414,364 25,000/200,000
42 U.S.C. 7413(d)(3)........................ CAA............................ 11,162 10,360 5,000
42 U.S.C. 7524(a)........................... CAA............................ 55,808/5,580 51,796/5,179 25,000/2,500
42 U.S.C. 7524(c)(1)........................ CAA............................ 446,456 414,364 200,000
42 U.S.C. 7545(d)(1)........................ CAA............................ 55,808 51,796 25,000
42 U.S.C. 9604(e)(5)(B)..................... COMPREHENSIVE ENVIRONMENTAL 67,544 62,689 25,000
RESPONSE, COMPENSATION, AND
LIABILITY ACT (CERCLA).
42 U.S.C. 9606(b)(1)........................ CERCLA......................... 67,544 62,689 25,000
42 U.S.C. 9609(a)(1)........................ CERCLA......................... 67,544 62,689 25,000
42 U.S.C. 9609(b)........................... CERCLA......................... 67,544/202,635 62,689/188,069 25,000/75,000
42 U.S.C. 9609(c)........................... CERCLA......................... 67,544/202,635 62,689/188,069 25,000/75,000
42 U.S.C. 11045(a).......................... EMERGENCY PLANNING AND 67,544 62,689 25,000
COMMUNITY RIGHT-TO-KNOW ACT
(EPCRA).
42 U.S.C. 11045(b)(1)(A).................... EPCRA.......................... 67,544 62,689 25,000
42 U.S.C. 11045(b)(2)....................... EPCRA.......................... 67,544/202,635 62,689/188,069 25,000/75,000
42 U.S.C. 11045(b)(3)....................... EPCRA.......................... 67,544/202,635 62,689/188,069 25,000/75,000
42 U.S.C. 11045(c)(1)....................... EPCRA.......................... 67,544 62,689 25,000
[[Page 990]]
42 U.S.C. 11045(c)(2)....................... EPCRA.......................... 27,018 25,076 10,000
42 U.S.C. 11045(d)(1)....................... EPCRA.......................... 67,544 62,689 25,000
42 U.S.C. 14304(a)(1)....................... MERCURY-CONTAINING AND 18,827 17,474 10,000
RECHARGEABLE BATTERY
MANAGEMENT ACT (BATTERY ACT).
42 U.S.C. 14304(g).......................... BATTERY ACT.................... 18,827 17,474 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. 2022-28611 Filed 1-5-23; 8:45 am]
BILLING CODE 6560-50-P
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