February 8, 2024
EPA’s 2024 Adjustment to RCRA and CAA Civil Penalties
In 2015, Congress amended the Federal Civil Penalties Inflation Adjustment Act of 1990, requiring all federal agencies to adjust the maximum civil penalties for inflation. Starting in 2016, EPA has issued annual adjustments, and now it’s time for the 2024 increases.
The agency promulgated its yearly inflation adjustment rule on December 27, 2023. [88 FR 89309] The table below provides the maximum penalties as promulgated. When pursuing penalties, enforcement personnel may consider various factors, including the seriousness of the violation, the violator’s good-faith efforts to comply, any economic benefit gained by the violator because of noncompliance, and a violator’s ability to pay.
Comparison of Newly Adjusted and Previous Year’s RCRA Civil Penalties
RCRA statute/USC section | Civil penalty description | New maximum penalty1 | Previous maximum penalty2 |
|---|---|---|---|
3008(a)(3) | Violation of a RCRA Subtitle C compliance order | $121,275 per day | $117,468 per day |
3008(c) | Continued violation of a RCRA Subtitle C compliance order | $73,045 per day | $70,752 per day |
3008(g) | Violation of the RCRA Subtitle C hazardous waste program | $90,702 per day | $87,855 per day |
3008(h)(2) | Violation of a corrective action compliance order | $73,045 per day | $70,752 per day |
3013(e) | Failure to comply with an order to monitor for the presence or release of a hazardous waste | $18,139 per day | $17,570 per day |
7003(b) | Failure to comply with an imminent and substantial endangerment order | $18,139 per day | $17,570 per day |
9006(a)(3) | Violation of an UST compliance order | $73,045 per day | $70,752 per day |
9006(d)(1) | Failure to notify state/local agency of the existence of an UST subject to RCRA Subtitle I | $29,221 per day | $28,304 per day |
9006(d)(2)42 U.S.C. | Violation of the RCRA Subtitle I UST requirements | $29,221 per tank | $28,304 per tank |
UST = underground storage tank.
Source: Adapted from 88 FR 89309.
Comparison of Newly Adjusted and Previous Year’s CAA Civil Penalties
CAA statute | Civil penalty description | New maximum penalty1 | Previous maximum penalty2 |
|---|---|---|---|
113(b) | Violation of an applicable implementation plan or permit; subchapters I/IV-A/V/VI3, or emergency powers under Section 7603; or constructing/modifying a major stationary source in an area prohibited by Section 7413(a)(5) | $121,275 per day | $117,468 per day |
113(d)(1) | Administrative order for violation of an applicable implementation plan; subchapters I/III/IV-A/V/VI3,4; or constructing/modifying a major stationary source in an area prohibited by Section 7413(a)(5) | $57,617 per day $460,926 total | $55,808 per day $446,456 total |
113(d)(3) | Minor violations of a regulatory field citation program | $11,524 per day | $11,162 per day |
Violation of certain Section 7522(a) prohibited acts5 | $57,617 or $5,761 per motor vehicle, motor vehicle engine, or component | $55,808 or $5,580 per motor vehicle, motor vehicle engine, or component |
|
205(a) | Violation of Section 7522(a)(2)6 | $57,617 per day | $55,808 per day |
205(c)(1) | Violation of Sections 7524(a), 7545(d)7, or 7547(d)8 | $460,926 total | $446,456 total |
211(d)(1) | Violation of the regulation of fuels | $57,617 per day | $55,808 per day |
Note: Understanding the full applicability and scope of civil penalties under the CAA is more nuanced than those under RCRA. McCoy and Associates recommends great care when reviewing the statutory language.
1For violations occurring after November 2, 2015, where penalties are assessed on or after December 27, 2023.
2For violations occurring after November 2, 2015, where penalties are assessed on or after January 6, 2023, but before December 27, 2023.
3Subchapters I, IV-A, V, and VI correspond to CAA Title I (air pollution prevention and control), Title IV-A (acid deposition control), Title V (permits), and Title VI (stratospheric ozone protection), respectively.
4Subchapter III corresponds to CAA Title III (general).
5Depending on the prohibited acts subsection violated, the maximum penalty may vary and may be levied against a person, or a manufacturer or dealer.
6Prohibited acts related to certain information collection, mobile source inspection, and emission standard information availability requirements.
7Penalties and injunctions for certain requirements related to the regulation of fuels.
842 USC 7547(d) is the enforcement requirements for non-road engines and vehicles, specifically referencing sections 7525 (motor vehicle and motor vehicle engine compliance testing and certification), 7541 (compliance by vehicles and engines in actual use), 7542 (information collection), and 7543 (state standards).
Source: Adapted from 88 FR 89309.
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Considerable care has been exercised in preparing this document; however, McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with the publication of this information. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which this information may conflict. McCoy and Associates, Inc. does not undertake any duty to ensure the continued accuracy of this information.
This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.
