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Rule2024-25669

Inflation Adjustment References for Civil Monetary Penalty Amounts in Title 40 of the Code of Federal Regulations

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Published

November 8, 2024

Effective

November 8, 2024

Issuing agencies

Environmental Protection Agency

Abstract

The U.S. Environmental Protection Agency (EPA) is taking direct final action to address outdated maximum and minimum statutory civil monetary penalty amounts by adding language that refers readers to the up-to-date maximum and minimum statutory civil monetary penalty amounts. The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended through the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires the EPA to annually issue rules that adjust the statutory maximum and minimum civil penalty amounts under the various environmental laws implemented by the EPA to account for inflation. The EPA makes inflation adjustments for each of the outdated penalty amounts in a separate rule. This rule adds language notifying the reader that the penalty amount listed may not be accurate and refers the reader to the EPA's regulation to find the correct amounts.

Full Text

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<title>Federal Register, Volume 89 Issue 217 (Friday, November 8, 2024)</title>
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[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Rules and Regulations]
[Pages 88653-88656]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25669]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 79, 80, 85, 122, 300, 372, 501, 704, 745, 763,
790, 1036, and 1037

[EPA-HQ-OECA-2024-0208; FRL 11265-02-OECA]
RIN 2020-AA55

Inflation Adjustment References for Civil Monetary Penalty
Amounts in Title 40 of the Code of Federal Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is taking
direct final action to address outdated maximum and minimum statutory
civil monetary penalty amounts by adding language that refers readers
to the up-to-date maximum and minimum statutory civil monetary penalty
amounts. The Federal Civil Penalties Inflation Adjustment Act of 1990,
as amended through the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 requires the EPA to annually issue rules that
adjust the statutory maximum and minimum civil penalty amounts under
the various environmental laws implemented by the EPA to account for
inflation. The EPA makes inflation adjustments for each of the outdated
penalty amounts in a separate rule. This rule adds language notifying
the reader that the penalty amount listed may not be accurate and
refers the reader to the EPA's regulation to find the correct amounts.

DATES: This rule is effective on November 8, 2024, without further
notice, unless the EPA receives adverse comment by December 9, 2024. If
the EPA receives adverse comment, we will publish a timely withdrawal
in the Federal Register informing the public that the rule will not
take effect.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OECA-2024-0208. All documents in the docket are
listed on the <a href="http://www.regulations.gov">http://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available electronically
through <a href="http://www.regulations.gov">http://www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT: Ryan Didion, Office of Civil
Enforcement, Office of Enforcement and Compliance Assurance, Mail Code
2241A, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue
NW, Washington, DC 20460; telephone number: (202) 564-0332; email:
<a href="/cdn-cgi/l/email-protection#42262b262b2d2c6c303b232c022732236c252d34"><span class="__cf_email__" data-cfemail="a8ccc1ccc1c7c686dad1c9c6e8cdd8c986cfc7de">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Why is the EPA using a direct final rule?

The EPA is publishing this rule without a prior proposed rulemaking
because we view this as a noncontroversial action and anticipate no
adverse comment because this matter is clerical in nature as these are
minor technical amendments where there is no substantive issue and the
EPA finds it has good cause to forgo notice and comment because notice
and comment would be unnecessary and contrary to the public interest in
understanding where the most current penalty limits may be found. If
the EPA receives adverse comment, we will publish a timely withdrawal
in the Federal Register informing the public that the rule will not
take effect. Any parties interested in commenting must do so at this
time. For further information about commenting on this rule, see the
ADDRESSES section of this document.

II. Background

The Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015 (2015 Act) 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. 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. The EPA promulgates annual rules as
required by the 2015 Act to adjust the statutory maximum and minimum
civil penalty amounts in 40 CFR 19.4.
Currently, there are statutory civil penalty amounts in 40 CFR
parts 51, 79,

[[Page 88654]]

80, 85, 122, 300, 372, 501, 704, 745, 763, 790, 1036, and 1037, that
were previously correct when promulgated but are no longer accurate
because they have not been adjusted for inflation. This rule adds
language in 16 instances throughout CFR Title 40 stating the current
inflation adjusted figures can be found in 40 CFR 19.4. With these
revisions, the corrected regulatory provisions will now be adjusted
annually per the 2015 Act.

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 14094: Modernizing Regulatory Review

This action is not a significant regulatory action as defined in
Executive Order 12866, as amended by Executive Order 14094, and was
therefore not subject to a requirement for Executive Order 12866
review.

B. Paperwork Reduction Act (PRA)

This action does not impose an information collection burden under
the PRA. This action contains no information collection activities and,
therefore, no information collection request will be submitted to the
Office of Management and Budget for review under the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. This rule adds a sentence to
statutory civil penalty amounts in 40 CFR parts 51, 79, 80, 85, 122,
300, 372, 501, 704, 745, 763, 790, 1036, and 1037, stating the current
statutory penalty amount can be found in 40 CFR 19.4.

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 Procedures Act (APA), 5 U.S.C. 553, or any other
statute. This rule is not subject to notice and comment requirements
because this rule fits with the APA's ``good cause'' exemption under 5
U.S.C. 553(b).

D. Unfunded Mandates Reform Act (UMRA)

This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local, or tribal governments or the private sector.

E. Executive Order 13132: Federalism

This action 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.

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 action simply inserts language to inform
the public of the current statutory civil monetary penalty amounts.
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. Since this action does not concern human
health, the EPA's Policy on Children's Health also does not apply.

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)

This rule does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All

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
communities with environmental justice concerns. These corrections have
no substantive impact; they simply notify readers that accurate
inflation adjusted statutory penalty amounts can be found in 40 CFR
19.4.

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. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects

40 CFR Part 51

Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon oxides, Fees, Intergovernmental
relations, Lead, Nitrogen oxides, Ozone, Reporting and recordkeeping
requirements, Sulfur oxides, Transportation, Volatile organic
compounds.

40 CFR Part 79

Environmental protection, Fuel additives, Gasoline, Motor vehicle
pollution, Penalties, Reporting and recordkeeping requirements.

40 CFR Part 80

Environmental protection, Administrative practice and procedure,
Air pollution control, Biobased products, Diesel fuel, Fuel additives,
Gasoline, Imports, Oil imports, Penalties, Petroleum.

40 CFR Part 85

Environmental protection, Confidential business information,
Greenhouse gases, Imports, Labeling, Motor vehicle pollution, Reporting
and recordkeeping requirements, Research, Warranties.

40 CFR Part 122

Environmental protection, Water pollution control.

40 CFR Part 300

Environmental protection, Air pollution control, Chemicals,
Hazardous

[[Page 88655]]

substances, Hazardous waste, Intergovernmental relations, Natural
resources, Oil pollution, Penalties, Reporting and recordkeeping
requirements, Superfund, Water pollution control, Water supply.

40 CFR Part 372

Environmental protection, Reporting and recordkeeping requirements,
Toxic substances.

40 CFR Part 501

Environmental protection, Administrative practice and procedure,
Indians-lands, Intergovernmental relations, Penalties, Reporting and
recordkeeping requirements, Sewage disposal.

40 CFR Part 704

Environmental protection, Chemicals, Confidential business
information, Hazardous substances, Reporting and recordkeeping
requirements.

40 CFR Part 745

Environmental protection, Child welfare, Hazardous substances,
Housing, Lead, Lead poisoning, Reporting and recordkeeping
requirements.

40 CFR Part 763

Environmental protection, Administrative practice and procedure,
Asbestos, Confidential business information, Hazardous substances,
Imports, Intergovernmental relations, Labeling, Occupational safety and
health, Reporting and recordkeeping requirements, Schools.

40 CFR Part 790

Environmental protection, Administrative practice and procedure,
Chemicals, Confidential business information, Hazardous substances,
Reporting and recordkeeping requirements.

40 CFR Part 1036

Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Greenhouse
gases, Labeling, Motor vehicle pollution, Reporting and recordkeeping
requirements, Warranties.

40 CFR Part 1037

Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Labeling,
Motor vehicle pollution, Reporting and recordkeeping requirements,
Warranties.

David M. Uhlmann,
Assistant Administrator, Office of Enforcement and Compliance
Assurance.

For the reasons set out in the preamble, the EPA amends title 40,
chapter I, parts 51, 79, 80, 85, 122, 300, 372, 501, 704, 745, 763,
790, 1036, and 1037 of the Code of Federal Regulations as follows:

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS

0
1. The authority citation for part 51 continues to read as follows:

Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.

0
2. Amend Sec. 51.493 by adding two sentences to the end of paragraph
(i)(2) to read as follows:

Sec. 51.493 State program requirements.

* * * * *
(i) * * *
(2) * * * The civil monetary penalty amount listed in this section
may not reflect recent inflation adjustments EPA is required to make.
The current maximum and minimum statutory civil penalty amounts are
located in Sec. 19.4.

PART 79--REGISTRATION OF FUELS AND FUEL ADDITIVES

0
3. The authority citation for part 79 continues to read as follows:

Authority: 42 U.S.C. 7414, 7524, 7545 and 7601.

0
4. Amend Sec. 79.8 by adding two sentences to the end of the text to
read as follows:

Sec. 79.8 Penalties.

* * * The civil monetary penalty amount listed in this section may
not reflect recent inflation adjustments EPA is required to make. The
current maximum and minimum statutory civil penalty amounts are located
in Sec. 19.4.

0
5. Amend Sec. 79.51 by adding paragraph(f)(7) to read as follows:

Sec. 79.51 General requirements and provisions.

* * * * *
(f) * * *
(7) The civil monetary penalty amounts listed in this section may
not reflect recent inflation adjustments EPA is required to make. The
current maximum and minimum statutory civil penalty amounts are located
in Sec. 19.4.
* * * * *

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

0
6. The authority citation for part 80 continues to read as follows:

Authority: 42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

0
7. Amend Sec. 80.5 by adding two sentences to the end of the text to
read as follows:

Sec. 80.5 Penalties.

PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES

0
8. The authority citation for part 85 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

0
9. Amend Sec. 85.1513 by adding two sentences to the end of paragraph
(d) to read as follows:

Sec. 85.1513 Prohibited acts; penalties.

* * * * *
(d) * * * The civil monetary penalty amount listed in this section
may not reflect recent inflation adjustments EPA is required to make.
The current maximum and minimum statutory civil penalty amounts are
located in Sec. 19.4.
* * * * *

PART 122--EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM

0
10. The authority citation for part 122 continues to read as follows:

Authority: 33 U.S.C. 1251 et seq.

0
11. Amend Sec. 122.41 by adding paragraph (a)(4) to read as follows:

Sec. 122.41 Conditions applicable to all permits (applicable to State
programs, see Sec. 123.25).

* * * * *
(4) The civil monetary penalty amounts listed in this section may
not reflect recent inflation adjustments EPA is required to make. The
current maximum and minimum statutory civil penalty amounts are located
in Sec. 19.4.
* * * * *

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

0
12. The authority citation for part 300 continues to read as follows:

[[Page 88656]]

Authority: 33 U.S.C. 1251 et seq.; 42 U.S.C. 9601-9657; E.O.
13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR
54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR,
1987 Comp., p. 193.

0
13. Amend Sec. 300.400 by adding two sentences to the end of paragraph
(d)(4)(iv)(D) to read as follows:

Sec. 300.400 General.

* * * * *
(d) * * *
(4) * * *
(iv) * * *
(D) * * * The civil monetary penalty amount listed in this section
may not reflect recent inflation adjustments EPA is required to make.
The current maximum and minimum statutory civil penalty amounts are
located in Sec. 19.4.
* * * * *

PART 372--TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT-TO-KNOW

0
14. The authority citation for part 372 continues to read as follows:

Authority: 42 U.S.C. 11023 and 11048.

0
15. Amend Sec. 372.18 by adding two sentences to the end of the text
to read as follows:

Sec. 372.18 Compliance and enforcement.

PART 501--STATE SLUDGE MANAGEMENT PROGRAM REGULATIONS

0
16. The authority citation for part 501 continues to read as follows:

Authority: 33 U.S.C. 1251 et seq.

0
17. Amend Sec. 501.15 by adding two sentences to the end of paragraph
(b)(3) to read as follows:

Sec. 501.15 Requirements for permitting.

* * * * *
(b) * * *
(3) * * * The civil monetary penalty amounts listed in this section
may not reflect recent inflation adjustments EPA is required to make.
The current maximum and minimum statutory civil penalty amounts are
located in Sec. 19.4.
* * * * *

0
18. Amend Sec. 501.17 by adding two sentences to the end of paragraph
(a)(3)(i) to read as follows:

Sec. 501.17 Requirements for enforcement authority.

(a) * * *
(3) * * *
(i) * * * The civil monetary penalty amount listed in this section
may not reflect recent inflation adjustments EPA is required to make.
The current maximum and minimum statutory civil penalty amounts are
located in Sec. 19.4.

PART 704--REPORTING AND RECORDKEEPING REQUIREMENTS

0
19. The authority citation for part 704 continues to read as follows:

Authority: 15 U.S.C. 2607(a).

0
20. Amend Sec. 704.13 by adding two sentences to the end of the text
to read as follows:

Sec. 704.13 Compliance and enforcement.

PART 745--LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN
RESIDENTIAL STRUCTURES

0
21. The authority citation for part 745 continues to read as follows:

Authority: 15 U.S.C. 2605, 2607, 2681-2692 and 42 U.S.C. 4852d.

0
22. Amend Sec. 745.118 by adding two sentences to the end of paragraph
(f) to read as follows:

Sec. 745.118 Enforcement.

* * * * *
(f) * * * The civil monetary penalty amounts listed in this section
may not reflect recent inflation adjustments EPA is required to make.
The current maximum and minimum statutory civil penalty amounts are
located in Sec. 19.4.

PART 763--ASBESTOS

0
23. The authority citation for part 763 continues to read as follows:

Authority: 15 U.S.C. 2605, 2607(c), 2643, and 2646.

0
24. Amend Sec. 763.97 by adding paragraph (g) to read as follows:

Sec. 763.97 Compliance and enforcement.

* * * * *
(g) Annual adjustments to civil penalties. The civil monetary
penalty amounts listed in this section may not reflect recent inflation
adjustments EPA is required to make. The current maximum and minimum
statutory civil penalty amounts are located in Sec. 19.4.

PART 790--PROCEDURES GOVERNING TESTING CONSENT AGREEMENTS AND TEST
RULES

0
25. The authority citation for part 790 continues to read as follows:

Authority: 15 U.S.C. 2603.

0
26. Amend Sec. 790.65 by adding two sentences to the end of paragraph
(c) to read as follows:

Sec. 790.65 Failure to comply with a consent agreement.

* * * * *
(c) * * * The civil monetary penalty amount listed in this section
may not reflect recent inflation adjustments EPA is required to make.
The current maximum and minimum statutory civil penalty amounts are
located in Sec. 19.4.
* * * * *

PART 1036--CONTROL OF EMISSIONS FROM NEW AND IN-USE HEAVY-DUTY
HIGHWAY ENGINES

0
27. The authority citation for part 1036 continues to read as follows:

Authority: 42 U.S.C. 7401--7671q.

0
28. Amend Sec. 1036.601 by adding two sentences to the end of
paragraph (a)(3) to read as follows:

Sec. 1036.601 Overview of compliance provisions.

(a) * * *
(3) * * * The civil monetary penalty amount listed in this section
may not reflect recent inflation adjustments EPA is required to make.
The current maximum and minimum statutory civil penalty amounts are
located in Sec. 19.4.
* * * * *

PART 1037--CONTROL OF EMISSIONS FROM NEW HEAVY-DUTY MOTOR VEHICLES

0
29. The authority citation for part 1037 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

0
30. Amend Sec. 1037.601 by adding two sentences to the end of
paragraph (a)(5) to read as follows:

Sec. 1037.601 General compliance provisions.

(a) * * *
(5) * * * The civil monetary penalty amount listed in this section
may not reflect recent inflation adjustments EPA is required to make.
The current maximum and minimum statutory civil penalty amounts are
located in Sec. 19.4.
* * * * *
[FR Doc. 2024-25669 Filed 11-7-24; 8:45 am]
BILLING CODE 6560-50-P

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