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Civil Monetary Penalty Inflation Adjustment Rule

enforcement · Rule · Published 2018-01-10 · Effective 2018-01-15 · 83 FR 1190

Document

Document number
2018-00287
Federal Register citation
83 FR 1190
CFR reference
40 CFR 19
Type
Rule
Action
Final rule.
Category
enforcement
Publication date
2018-01-10
Effective date
2018-01-15
EPA docket
FRL-9972-92-OECA

Abstract

The Environmental Protection Agency (EPA) is promulgating this final rule to adjust the level of statutory civil monetary penalty amounts under the statutes EPA administers. This action is mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended through the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 ("the 2015 Act"). The 2015 Act prescribes a formula for annually adjusting statutory civil penalties to reflect inflation, maintain the deterrent effect of statutory civil penalties, and promote compliance with the law. The rule does not necessarily revise the penalty amounts that EPA chooses to seek pursuant to its civil penalty policies in a particular case. EPA's civil penalty policies, which guide enforcement personnel in how to exercise EPA's statutory penalty authorities, take into account a number of fact- specific considerations, e.g., the seriousness of the violation, the violator's good faith efforts to comply, any economic benefit gained by the violator as a result of its noncompliance, and a violator's ability to pay.

Source

Authoritative
Federal Register document
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