February 1, 2018
EPA’s 2018 Adjustment to RCRA Civil Penalties
In 2015, Congress amended the Federal Civil Penalties Inflation Adjustment Act of 1990, requiring all federal agencies to adjust maximum statutory civil penalties for inflation on an annual basis. Adjustments were subsequently made by EPA in July of 2016 and January of 2017, and now it’s time for the 2018 increases.
The agency promulgated the inflation adjustment rule on January 10, 2018. [83 FR 1190] Even though the annual penalty increase is modest, it is a strong deterrent to non-compliance. The table below gives the details.
Comparison of Newly Adjusted and Previous Year’s RCRA Civil Penalties
RCRA statue section number | Civil penalty description | Previous year’s maximum penalty1 | Newly adjusted maximum penalty2 |
|---|---|---|---|
3008(a)(3) | Violation of a RCRA Subtitle C compliance order | $95,284 per day | $97,229 per day |
3008(c) | Continued violation of a RCRA Subtitle C compliance order | $57,391 per day | $58,562 per day |
3008(g) | Violation of the RCRA Subtitle C hazardous waste program | $71,264 per day | $72,718 per day |
3008(h)(2) | Violation of a corrective action compliance order | $57,391 per day | $58,562 per day |
3013(e) | Failure to comply with an order to monitor for the presence or release of a hazardous waste | $14,252 per day | $14,543 per day |
7003(b) | Failure to comply with an imminent and substantial endangerment order | $14,252 per day | $14,543 per day |
9006(a)(3) | Violation of an UST compliance order | $57,391 per day | $58,562 per day |
9006(d)(1) | Failure to notify state/local agency of the existence of an UST subject to RCRA Subtitle I | $22,957 per day | $23,426 per day |
9006(d)(2) | Violation of the RCRA Subtitle I UST requirements | $22,957 per tank per day | $23,426 per tank per day |
UST = underground storage tank.
1 For violations that occurred after November 2, 2015, where penalties are assessed on or after January 15, 2017 but before January 15, 2018.
2 For violations that occurred after November 2, 2015, where penalties are assessed on or after January 15, 2018.
Source: Adapted from 83 FR 1190.
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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.
