February 17, 2022
EPA Adjusts RCRA and CAA Civil Penalties for 2022
In 2015, Congress amended the Federal Civil Penalties Inflation Adjustment Act of 1990, requiring all federal agencies to adjust maximum civil penalties for inflation annually. Starting in 2016, EPA has issued annual adjustments, and now it’s time for the 2022 increases, which came in around 6 percent.
The agency promulgated the yearly inflation adjustment rule on January 12, 2022. [87 FR 1676] 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 as a result of noncompliance, and a violator’s ability to pay.
Comparison of New and Previous Year’s RCRA Civil Penalties
RCRA statute and U.S. Code section |
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|---|---|---|---|
3008(a)(3) | Violation of a RCRA Subtitle C compliance order | $109,024 per day | $102,638 per day |
3008(c) | Continued violation of a RCRA Subtitle C compliance order | $65,666 per day | $61,820 per day |
3008(g) | Violation of the RCRA Subtitle C hazardous waste program | $81,540 per day | $76,764 per day |
3008(h)(2) | Violation of a corrective action compliance order | $65,666 per day | $61,820 per day |
3013(e) | Failure to comply with an order to monitor for the presence or release of a hazardous waste | $16,307 per day | $15,352 per day |
7003(b) | Failure to comply with an imminent and substantial endangerment order | $16,307 per day | $15,352 per day |
9006(a)(3) | Violation of an UST compliance order | $65,666 per day | $61,820 per day |
9006(d)(1) | Failure to notify state/local agency of the existence of an UST subject to RCRA Subtitle I | $26,269 per day | $24,730 per day |
9006(d)(2) | Violation of the RCRA Subtitle I UST requirements | $26,269 per tank per day | $24,730 per tank per day |
UST = underground storage tank
Comparison of Newly Adjusted and Previous Year’s CAA Civil Penalties
CAA statute and U.S. Code section |
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|---|---|---|---|
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) | $109,024 per day | $102,638 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) | $51,796 per day | $48,762 per day |
113(d)(3) | Minor violations of a regulatory field citation program | $10,360 per day | $9,753 per day |
205(a) | Violation of certain section 7522(a) prohibited acts5 | $51,796 or $5,179 per motor vehicle, motor vehicle engine, or component | $48,762 or $4,876 per motor vehicle, motor vehicle engine, or component |
205(a)(2) | Violation of section 7522(a)(2)6 | $51,796 per day | $51,796 per day |
205(c)(1) | Violation of sections 7524(a), 7545(d)7, or 7547(d)8 | $414,364 total | $390,092 total |
211(d)(1) | Violation of the regulation of fuels | $51,796 per day | $48,762 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 January 12, 2022.
2For violations occurring after November 2, 2015, where penalties are assessed on or after December 23, 2020, but before January 12, 2022.
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 U.S.C. 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 87 FR 1676.
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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.
