Search

EPA Revises 40 CFR to Clarify Penalty Amounts

Posted on 12/2/2024 by Lion Technology Inc.

EPA is adding language to several sections of regulations in 40 CFR to clarify the price of civil penalties assessed for environmental violations.

To subparagraphs of regulations that address enforcement and/or civil penalties, EPA is adding new text that reads as follows: 

“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 §19.4.”

For example: Under 40 CFR Part 372—Toxic Chemical Release Reporting, also known as TRI reporting and required by EPCRA—subparagraph 372.18 is titled “Compliance and enforcement.” 

In this subparagraph, EPA states that a penalty for violating this section is “not to exceed $25,000 per day, per violation.” If we look at 40 CFR 19.4—where the newly added text tells us to look—we see the current civil penalty amount actually exceeds $25,000 by a lot. In reality, EPCRA penalties assessed after December 27, 2023, can be as high as $69,733 per day, per violation.

EPA Revises 40 CFR to Clarify Penalty Amounts

Why Do the Regs Say $25,000? 

Throughout the regulations that implement US environmental programs are paragraphs that provide a minimum and/or maximum dollar amount a person can be made to pay for violating a rule. Typically, the maximum amount is $25,000. 

The $25,000 figure is called the “statutory” penalty amount, meaning it comes directly from a law (or “statute”) passed by Congress. Some of these laws—the Clean Air Act, Clean Water Act, EPCRA, CERCLA/Superfund, TSCA—were first passed in the 1970s and '80s. 

While Congress later amended many of these laws, the original statutory penalty amounts did not change. In 1990 and again in 2015, however, Congress passed laws directing regulatory agencies to update their maximum and minimum penalty amounts on a regular basis to keep pace with inflation. Today, agencies including US EPA, US DOT, and OSHA increase maximum and minimum civil penalties for violations on an annual basis.

Next EPA Penalty Increase Imminent 

Current law requires EPA (and other regulatory agencies) to increase civil penalties annually, based on inflation, before January 15 of each new year. Industry stakeholders should expect penalties to increase again later this month, or in early January. 

EPA's last penalty hike occurred in late December 2023. 

Find a Post

Compliance Archives

Lion - Quotes

One of the best trainings I have ever received!

Brandon Morfin

EH&S Manager

The course was very well structured and covered the material in a clear, concise manner.

Ian Martinez

Hazmat Shipping Professional

The instructor was very very informative, helpful, understandable and pleasant. This course answered many questions I had, being new to this industry.

Frances Mona

Shipping Manager

This course went above my expectations from the moment I walked in the door. The instructor led us through two days packed with useful compliance information.

Rachel Stewart

Environmental Manager

I attended training from another provider and learned absolutely nothing. Lion is much better. Hands down.

Nicole Eby

Environmental Specialist

No comparison. Lion has the best RCRA training ever!!

Matt Sabine

Environmental Specialist

The exercises in the DOT hazardous materials management course are especially helpful in evaluating your understanding of course information.

Morgan Bliss

Principal Industrial Hygienist

Lion's online training is more comprehensive, has better slides, and is a superior training experience than what I would get from other trainers.

Robert Brenner

District Environmental Manager

The instructor took a rather drab set of topics and brought them to life with realistic real-life examples.

Tom Berndt

HSE Coordinator

The course was very informative and presented in a way that was easily understood and remembered. I would recommend this course.

Jeffrey Tierno

Hazmat Shipping Professional

Download Our Latest Whitepaper

Explore ten hazardous waste management errors that caused generators in California the most trouble last year.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.