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Civil Monetary Penalty Inflation Adjustment

enforcement · Rule · Published 2020-01-13 · Effective 2020-01-13 · 85 FR 1751

Document

Document number
2019-28019
Federal Register citation
85 FR 1751
CFR reference
40 CFR 19
Type
Rule
Action
Final rule.
Category
enforcement
Publication date
2020-01-13
Effective date
2020-01-13
EPA docket
FRL-10003-77-OECA

Abstract

The Environmental Protection Agency (EPA) is promulgating this final rule to adjust the level of the maximum (and minimum) statutory civil monetary penalty amounts under the statutes the 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 the statutory maximum (and minimum) amount of 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 the EPA chooses to seek pursuant to its civil penalty policies in a particular case. The EPA's civil penalty policies, which guide enforcement personnel on how to exercise the 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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