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

The instructor was very knowledgeable and provided pertinent information above and beyond the questions that were asked.

Johnny Barton

Logistics Coordinator

The instructor was excellent. They knew all of the material without having to read from a notepad or computer.

Gary Hartzell

Warehouse Supervisor

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

Matt Sabine

Environmental Specialist

This is a very informative training compared to others. It covers everything I expect to learn and even a lot of new things.

Quatama Jackson

Waste Management Professional

The instructor made the class enjoyable. He presented in a very knowledgeable, personable manner. Best class I've ever attended. Will take one again.

John Nekoloff

Environmental Compliance Manager

Lion's course was superior to others I have taken in the past. Very clear in the presentation and the examples helped to explain the content presented.

George Bersik

Hazardous Waste Professional

Excellent course. Very interactive. Explanations are great whether you get the questions wrong or right.

Gregory Thompson

Environmental, Health & Safety Regional Manager

Very well structured, comprehensive, and comparable to live training seminars I've participated in previously. I will recommend the online course to other colleagues with training requirement needs.

Neil Luciano

EHS Manager

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

Very witty instructor, made the long times sitting bearable. One of the few training courses I can say I actually enjoyed.

John Hutchinson

Senior EHS Engineer

Download Our Latest Whitepaper

Some limited quantity reliefs are reserved for specific modes of transport. Use this guide to identify which reliefs you can capitalize on, and which do not apply to your operations.

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.