Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations 43091 

1The Federal Civil Penalties Inflation Adjustment 

Act of 1990, Public Law 101–410, 28 U.S.C. 2461 

note, defines ‘‘civil monetary penalty’’ as ‘‘any 

penalty, fine, or other sanction that—(A)(i) is for a 

specific monetary amount as provided by Federal 

law; or (ii) has a maximum amount provided for by 

Federal law; and (B) is assessed or enforced by an 

agency pursuant to Federal law; and (C) is assessed 

Continued 

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone lasting less than 2 hours that will 

prohibit entry 300 feet from the left 

descending bank into the Ohio River 

from mile 42.5 to mile 43.0. It is 

categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. An 

environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0335 to read as 

follows: 

§ 165.T08–0335 Safety Zone; Ohio River 

Mile 42.5 to Mile 43.0, Chester, WV. 

(a) Location. The following area is a 

safety zone: All waters extending 300 

feet from the left descending bank into 

the Ohio River from mile 42.5 to mile 

43.0. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Pittsburgh (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in § 165.23, you 

may not enter the safety zone described 

in paragraph (a) of this section unless 

authorized by the COTP or the COTP’s 

designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative at 412–221–0807. Those 

in the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(d) Enforcement period. This section 

will be enforced from 9:30 p.m. to 11:00 

p.m. on July 4, 2016. 

(e) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

broadcast notices to mariners of the 

enforcement period for the safety zone 

as well as any changes in the dates and 

times of enforcement. 

L. Mcclain, Jr., 

Commander, U.S. Coast Guard, Captain of 

the Port Pittsburgh. 

[FR Doc. 2016–15689 Filed 6–30–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 19 

[FRL–9948–48–OECA] 

RIN 2020–AA51 

Civil Monetary Penalty Inflation 

Adjustment Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is promulgating this 

interim final rule to adjust the level of 

statutory civil monetary penalty 

amounts for the statutes that the agency 

administers. This action is mandated by 

the Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended 

through 2015 (‘‘the 2015 Act’’), which 

prescribes a formula for 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. 

DATES: This interim final rule is 

effective on August 1, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Susan O’Keefe, Office of Civil 

Enforcement, Office of Enforcement and 

Compliance Assurance, Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue NW., Washington, DC 20460, 

telephone number: (202) 564–4021; 

okeefe.susan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Since 1990, Federal agencies have 

been required to issue regulations 

adjusting for inflation the statutory civil 

penalties 1 that can be imposed under 


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43092 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations 

or enforced pursuant to an administrative 

proceeding or a civil action in the Federal courts.’’ 2The Federal Civil Penalties Inflation Adjustment 

Act Improvements Act of 2015 (Section 701 of Pub. 

L. 114–74) was signed into law on Nov. 2, 2015, and 

further amended the Federal Civil Penalties 

Inflation Adjustment Act of 1990. 

3Under Section 3(2)(A) of the 2015 Act, ‘‘civil 

monetary penalty’’ means ‘‘a specific monetary 

amount as provided by Federal law’’; or ‘‘has a 

maximum amount provided for by Federal law.’’ 

EPA-administered statutes generally refer to 

statutory maximum civil penalties, with the 

following exceptions: Section 311(b)(7)(D) of the 

Clean Water Act, 33 U.S.C. 1321(b)(7)(D), refers to 

a minimum penalty of ‘‘not less than $100,000 

. . .’’; Section 104B(d)(1) of the Marine Protection, 

Research, and Sanctuaries Act, 33 U.S.C. 

1414b(d)(1), refers to an exact penalty of $600 ‘‘[f]or 

each dry ton (or equivalent) of sewage sludge or 

industrial waste dumped or transported by person 

in calendar year 1992 . . . ’’; and Section 325(d)(1) 

of the Emergency Planning and Community Rightto-Know Act, 42 U.S.C. 11045(d)(1), refers to an 

exact civil penalty of $25,000 for each frivolous 

trade secret claim. 

4Section 5(b)(2)(B) provides that the cost-ofliving-adjustment ‘‘shall be applied to the amount 

of the civil monetary penalty as it was most recently 

established or adjusted under a provision of law 

other than under this Act.’’ Because EPA has not 

adjusted any of the statutory civil penalty levels 

identified at 40 CFR 19.4 for inflation outside of the 

inflation adjustments made pursuant to the DCIA, 

the initial cost-of-living adjustment is calculated 

based on the statutory civil penalty amount as 

originally enacted or last adjusted by Congress. 

5Office of Management and Budget 

Memorandum, Implementation of the Federal Civil 

Penalties Inflation Adjustment Act Improvement 

Act of 2015 (OMB Memorandum M–16–06) at p. 8, 

Appendix (February 24, 2016). 

6See OMB Memorandum M–16–06 at p. 6 for a 

list of the applicable cost-of-living multipliers by 

year. 

7 78 FR 66643 (November 6, 2013). 

8To calculate the 150 percent increase limitation, 

multiply the inflation adjusted statutory civil 

penalty amounts in effect on November 2, 2015 by 

2.5 or 250 percent. 

9Note that CAA section 113(d)(1) and section 

205(c)(1) authorize the imposition of a higher 

statutory maximum civil penalty in an 

administrative enforcement action if the EPA 

Administrator and the Attorney General jointly 

decide that a higher statutory maximum civil 

penalty is appropriate in a particular matter. 

the laws administered by that agency. 

The Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended by 

the Debt Collection Improvement Act of 

1996 (DCIA), required agencies to 

review their statutory civil penalties 

every 4 years, and to adjust the statutory 

civil penalty amounts for inflation if the 

increase met the DCIA’s adjustment 

methodology. In accordance with the 

DCIA, EPA reviewed and, as 

appropriate, adjusted the civil penalty 

levels under each of the statutes the 

agency implements in 1996 (61 FR 

69360), 2004 (69 FR 7121), 2008 (73 FR 

75340), and 2013 (78 FR 66643). Over 

time, the DCIA formula caused statutory 

civil penalties to lose value relative to 

total inflation. 

The 2015 Act requires agencies to: (1) 

Adjust the level of statutory civil 

penalties with an initial ‘‘catch-up’’ 

adjustment through an interim final 

rulemaking; and (2) beginning January 

15, 2017, make subsequent annual 

adjustments for inflation. This rule 

implements the statutorily mandated 

initial catch-up adjustments. The 

purpose of the 2015 Act 2 is to provide 

a mechanism to address these issues by 

translating originally enacted statutory 

civil penalty amounts to today’s dollars 

and rounding statutory civil penalties to 

the nearest dollar. Once Federal 

agencies issue the 2016 one-time catchup rule, each statutory civil penalty 

amount will be adjusted every year to 

reflect the inflation that has thereafter 

accrued. 

Pursuant to section 5(b)(2)(A) of the 

2015 Act, this initial catch-up ‘‘cost-ofliving adjustment’’ is, for each statutory 

civil penalty, the percentage by which 

the Consumer Price Index for all Urban 

Consumers (CPI–U) for the month of 

October 2015 exceeds the CPI–U for the 

month of October of the year during 

which the amount of that civil penalty 

was established (i.e., originally enacted) 

or last adjusted by statute or regulation 

(other than pursuant to the Federal Civil 

Penalties Inflation Adjustment Act). 

However, section 5(b)(2)(C) of the 2015 

Act provides that the maximum amount 

of any initial catch-up increase shall not 

exceed 150 percent of the level that was 

in effect on November 2, 2015. Table 2 

to 40 CFR 19.4 presents the results of 

these calculations and adjustments, 

identifying: (1) The maximum or 

minimum 3 penalty level established 

when each statutory section was 

originally enacted or last adjusted by 

Congress; 4 and (2) the statutory 

maximum or minimum civil penalty 

level, adjusted for inflation under the 

2015 Act, that applies to statutory civil 

penalties assessed on or after August 1, 

2016 for violations that occurred after 

November 2, 2015, the date the 2015 Act 

was enacted. 

The formula 5 for determining the 

cost-of-living or inflation adjustment to 

statutory civil penalties consists of the 

following five-step process: 

Step 1: Identify the latest year that the 

penalty level or range was established 

(i.e., originally enacted) or last adjusted 

by statute or regulation (other than 

pursuant to the Federal Civil Penalties 

Inflation Adjustment Act). 

Step 2: Calculate the cost-of-living 

adjustment, which is the percentage for 

that statutory civil penalty by which the 

CPI–U for the month of October 2015 

exceeds the CPI–U for the month of 

October of the year identified in Step 1 

(hereafter referred to the ‘‘cost-of-living 

multiplier.’’) 6

Step 3: Multiply the statutory civil 

penalty level derived from Step 1 by the 

cost-of-living multiplier calculated in 

Step 2 and round to the nearest dollar. 

Step 4: To calculate the 150 percent 

increase limitation, identify the 

statutory civil penalty amount in effect 

on November 2, 2015 7 and multiply by 

2.5.8

Step 5: Compare the statutory civil 

penalty amounts in Step 3 and Step 4, 

and take the lesser of the two amounts. 

The lesser amount is the statutory 

maximum (or minimum) civil penalty 

that can be assessed on or after August 

1, 2016, for violations that occur after 

November 2, 2015. Under this rule, 

these amounts are listed in Table 2 of 

40 CFR 19.4. 

For example, with this rule, the new 

statutory maximum total penalty that 

may be assessed in an administrative 

penalty enforcement action under Clean 

Air Act (CAA) section 113(d)(1), 42 

U.S.C. 7413(d)(1), and CAA section 

205(c)(1), 42 U.S.C. 7524(c)(1), is 

increasing from $320,000 to $356,312.9

Both of these statutory maximum 

penalty amounts were established or 

last adjusted by Congress in 1990, 

meaning that the applicable cost-ofliving multiplier is 1.78156. Multiplying 

the originally enacted statutory penalty 

level of $200,000 by the cost-of-living 

multiplier of 1.78156 yields a statutory 

civil penalty level of $356,312 (see 

Column D). To determine the 150 

percent statutory cap, multiply the 

inflation adjusted statutory civil 

maximum penalty level of $320,000, in 

effect as of November 2, 2015, by 2.5, 

which equals $800,000 (see Column F). 

The new statutory civil penalty level is 

the lesser of the Columns D and F, 

resulting in an upward adjustment for 

inflation of $36,312 (see Column H) and 

the new statutory civil penalty level of 

$356,312 (see Column G). 


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Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations 43093 

10Section 4(c)(1) of the 2015 Act. 

11See OMB Memorandum M–16–06 at p.3. 12See OMB Memorandum M–16–06 at pp. 3–4. 

Citation Year 

enacted 

Original 

statutory 

civil 

penalty level 

Multiplier 

Original 

statutory 

civil penalty 

level × 

multipier 

Statutory 

civil penalty 

level as of 

November 

2, 2015 

Statutory 

civil penalty 

level (as of 

November 

2, 2015) × 

2.5 

New statutory civil 

penalty 

level: The 

lesser of (D) 

and (F) 

Difference 

in penalty 

levels 

between 

(G) and (E) 

A B C D E F G H 

CLEAN AIR ACT (CAA), 42 

U.S.C. 7413(d)(1), 

7524(c)(1) ........................... 1990 $200,000 1.78156 $356,312 $320,000 $800,000 $356,312 $36,312 

The 2015 Act allows agencies to limit 

the catch-up adjustment to less than the 

otherwise required amount only under 

narrowly defined circumstances. To do 

so, EPA must determine, and the 

Director of the Office of Management 

and Budget (OMB) must concur, that 

‘‘increasing the civil monetary penalty 

by the otherwise required amount will 

have a negative economic impact; or the 

social costs of increasing the civil 

monetary penalty by the otherwise 

required amount outweigh the 

benefits.’’10 In its February 24, 2016 

guidance to Federal agencies on the 

implementation of the 2015 Act, OMB 

made clear that it expects reductions 

from the statutorily prescribed catch-up 

adjustment levels ‘‘to be rare.’’11 This 

rare exception does not apply to the 

civil penalty provisions covered by this 

rule. 

With this rule, the new statutory 

maximum (or minimum) penalty levels 

listed in Table 2 to 40 CFR 19.4 will 

apply to all statutory civil penalties 

assessed on or after August 1, 2016, for 

violations that occurred after November 

2, 2015, when the 2015 Act was 

enacted. The statutory civil penalty 

levels, as codified at Table 1 to 40 CFR 

19.4, will continue to apply to (1) 

violations that occurred on or before 

November 2, 2015, and (2) violations 

that occurred after November 2, 2015, 

where the penalty assessment was made 

prior to August 1, 2016. 

II. The 2015 Act Requires Federal 

Agencies To Issue These Adjustments 

by Interim Final Rule 

Section 4 of the 2015 Act directs 

Federal agencies to publish the initial 

catch-up adjustment through an interim 

final rule no later than July 1, 2016, 

which must be effective no later than 

August 1, 2016. Because the 2015 Act 

prescribes the formula that Federal 

agencies must follow to calculate the 

mandated inflation adjustments, the law 

does not provide Federal agencies any 

discretion to vary the amount of the 

statutory civil penalty changes to reflect 

any views or suggestions provided by 

commenters. Accordingly, pursuant to 

the 2015 Act and 5 U.S.C. 553(b)(3)(B), 

EPA finds that there is good cause to 

promulgate this rule without providing 

for public comment. It would be 

impracticable and unnecessary to delay 

publication of this rule pending 

opportunity for notice and comment 

because the 2015 Act does not allow 

agencies to alter the rule based on 

public comment. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

Under Executive Order 12866, OMB 

determined this interim final rule to be 

a ‘‘non-significant’’ regulatory action 

and, therefore, it did not undergo 

interagency review.12

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA. This rule merely increases the 

level of statutory civil penalties that 

could be imposed in the context of a 

Federal civil administrative 

enforcement action or civil judicial case 

for violations of EPA-administered 

statutes and their implementing 

regulations. 

C. Regulatory Flexibility Act (RFA) 

This action is not subject to the RFA. 

The RFA applies only to rules subject to 

notice and comment rulemaking 

requirements under the Administrative 

Procedure Act (APA), 5 U.S.C. 553, or 

any other statute. This rule is not 

subject to notice and comment 

requirements because the 2015 Act does 

not allow agencies to alter the rule 

based on public comment. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This action is required by 

the 2015 Act, without the exercise of 

any policy discretion by EPA. This 

action also imposes no enforceable duty 

on any state, local or tribal governments 

or the private sector. Because the 

calculation of any increase is formuladriven pursuant to the 2015 Act, EPA 

has no policy discretion to vary the 

amount of the adjustment. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have a 

substantial direct effect on the states, or 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This rule merely 

reconciles the real value of current 

statutory civil penalty levels to reflect 

and keep pace with the levels originally 

set by Congress when the statutes were 

enacted. The calculation of the increases 

is formula-driven and prescribed by 

statute, and EPA has no discretion to 

vary the amount of the adjustment to 

reflect any views or suggestions 

provided by commenters. Accordingly, 

this rule will not have a substantial 

direct effect on tribal governments, on 

the relationship between the Federal 

government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

government and Indian tribes. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 


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43094 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations 

1Note that 7 U.S.C. 136l.(a)(2) contains three 

separate statutory maximum civil penalty 

provisions. The first mention of $1,000 and the 

$500 statutory maximum civil penalty amount were 

originally enacted in 1978 (Pub. L 95–396), and the 

second mention of $1,000 was enacted in 1972 

(Pub. L. 92–516). 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

The rule does not involve technical 

standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The primary purpose of this rule is to 

reconcile the real value of current 

statutory civil penalty levels to reflect 

and keep pace with the levels originally 

set by Congress when the statutes were 

enacted. Because calculation of the 

increases is formula-driven, EPA has no 

discretion in updating the rule to reflect 

the allowable statutory civil penalties 

derived from applying the formula. 

Since there is no discretion under the 

2015 Act in determining the statutory 

civil penalty level, EPA cannot vary the 

amount of the statutory civil penalty 

adjustment to address other issues, 

including environmental justice issues. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

EPA will submit a rule report to each 

House of the Congress and to the 

Comptroller General of the United 

States. The CRA allows the issuing 

agency to make a rule effective sooner 

than otherwise provided by the CRA if 

the agency finds that notice and 

comment rulemaking procedures are 

impracticable, unnecessary or contrary 

to the public interest (5 U.S.C. 808(2)). 

This rule is not subject to notice and 

comment requirements because the 

2015 Act does not allow agencies to 

alter the rule based on public comment. 

List of Subjects in 40 CFR Part 19 

Environmental protection, 

Administrative practice and procedure, 

Penalties. 

Dated: June 23, 2016. 

Gina McCarthy, 

Administrator. 

For the reasons set out in the 

preamble, title 40, chapter I, part 19 of 

the Code of Federal Regulations is 

amended as follows: 

PART 19—ADJUSTMENT OF CIVIL 

MONETARY PENALTIES FOR 

INFLATION 

■ 1. The authority citation for part 19 is 

revised to read as follows: 

Authority: Pub. L. 101–410, Oct. 5, 1990, 

104 Stat. 890, as amended by Pub. L. 104– 

134, title III, sec. 31001(s)(1), Apr. 26, 1996, 

110 Stat. 1321–373; Pub. L. 105–362, title 

XIII, sec. 1301(a), Nov. 10, 1998, 112 Stat. 

3293; Pub. L. 114–74, title VII, sec. 701(b), 

Nov. 2, 2015, 129 Stat. 599. 

■ 2. Revise § 19.2 to read as follows: 

§ 19.2 Effective date. 

The penalty levels in the last column 

of Table 1 to § 19.4 apply to all 

violations which occurred after 

December 6, 2013 through November 2, 

2015, and to violations occurring after 

November 2, 2015, where penalties are 

assessed before August 1, 2016. The 

statutory civil penalty levels set forth in 

the last column of Table 2 to § 19.4 

apply to all violations which occur after 

November 2, 2015, where the penalties 

are assessed on or after August 1, 2016. 

■ 3. Amend § 19.4 by: 

■ a. Revising the section heading and 

the introductory text; 

■ b. In Table 1, amending the last 

column heading by removing the text 

‘‘Penalties effective after December 6, 

2013’’; and adding ‘‘Statutory civil 

penalties for violations that occurred 

after December 6, 2013 through 

November 2, 2015, or are assessed 

before August 1, 2016’’ in its place; and 

■ c. Adding a new Table 2. 

The revisions and addition read as 

follows: 

§ 19.4 Statutory civil penalties, as adjusted 

for inflation, and tables. 

Table 1 to § 19.4 sets out the statutory 

civil penalty provisions of statutes 

administered by EPA, with the original 

statutory civil penalty levels, as enacted, 

and the operative statutory civil penalty 

levels, as adjusted for inflation, for 

violations occurring on or before 

November 2, 2015, and for violations 

occurring after November 2, 2015, 

where penalties are assessed before 

August 1, 2016. Table 2 sets out the 

statutory civil penalty provisions of 

statutes administered by EPA, with the 

original statutory civil penalty levels, as 

enacted, with the last column 

displaying the operative statutory civil 

penalty levels where penalties are 

assessed on or after August 1, 2016, for 

violations that occurred after November 

2,2015. 

* * * * * 

TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS

U.S. Code citation Environmental statute Statutory civil penalties, 

as enacted 

Statutory civil penalties 

for violations that 

occurred after 

November 2, 2015 and 

assessed on or after August 1, 2016 

7 U.S.C. 136l.(a)(1) ...................................... FEDERAL INSECTICIDE, FUNGICIDE, 

AND RODENTICIDE ACT (FIFRA).

$5,000 $18,750 

7 U.S.C. 136l.(a)(2) 1 .................................... FIFRA ........................................................... 1,000/500/1,000 2,750/1,772/2,750 


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Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations 43095 

TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS

U.S. Code citation Environmental statute Statutory civil penalties, 

as enacted 

Statutory civil penalties 

for violations that 

occurred after 

November 2, 2015 and 

assessed on or after August 1, 2016 

15 U.S.C. 2615(a)(1) .................................... TOXIC SUBSTANCES CONTROL ACT 

(TSCA).

25,000 37,500 

15 U.S.C. 2647(a) ......................................... TSCA ............................................................ 5,000 10,781 

15 U.S.C. 2647(g) ......................................... TSCA ............................................................ 5,000 8,908 

31 U.S.C. 3802(a)(1) .................................... PROGRAM FRAUD CIVIL REMEDIES ACT 

(PFCRA).

5,000 10,781 

31 U.S.C. 3802(a)(2) .................................... PFCRA ......................................................... 5,000 10,781 

33 U.S.C. 1319(d) ......................................... CLEAN WATER ACT (CWA) ....................... 25,000 51,570 

33 U.S.C. 1319(g)(2)(A) ............................... CWA ............................................................. 10,000/25,000 20,628/51,570 

33 U.S.C. 1319(g)(2)(B) ............................... CWA ............................................................. 10,000/125,000 20,628/257,848 

33 U.S.C. 1321(b)(6)(B)(i) ............................ CWA ............................................................. 10,000/25,000 17,816/44,539 

33 U.S.C. 1321(b)(6)(B)(ii) ........................... CWA ............................................................. 10,000/125,000 17,816/222,695 

33 U.S.C. 1321(b)(7)(A) ............................... CWA ............................................................. 25,000/1,000 44,539/1,782 

33 U.S.C. 1321(b)(7)(B) ............................... CWA ............................................................. 25,000 44,539 

33 U.S.C. 1321(b)(7)(C) ............................... CWA ............................................................. 25,000 44,539 

33 U.S.C. 1321(b)(7)(D) ............................... CWA ............................................................. 100,000/3,000 178,156/5,345 

33 U.S.C. 1414b(d)(1) .................................. MARINE PROTECTION, RESEARCH, AND 

SANCTUARIES ACT (MPRSA).

600 1,187 

33 U.S.C. 1415(a) ......................................... MPRSA ......................................................... 50,000/125,000 187,500/247,336 

33 U.S.C. 1901 note (see 1409(a)(2)(A)) ..... CERTAIN ALASKAN CRUISE SHIP OPERATIONS (CACSO).10,000/25,000 13,669/34,172 

33 U.S.C. 1901 note (see 1409(a)(2)(B)) ..... CACSO ......................................................... 10,000/125,000 13,669/170,861 

33 U.S.C. 1901 note (see 1409(b)(1)) ......... CACSO ......................................................... 25,000 34,172 

33 U.S.C. 1908(b)(1) .................................... ACT TO PREVENT POLLUTION FROM 

SHIPS (APPS).

25,000 70,117 

33 U.S.C. 1908(b)(2) .................................... APPS ............................................................ 5,000 14,023 

42 U.S.C. 300g–3(b) ..................................... SAFE DRINKING WATER ACT (SDWA) .... 25,000 53,907 

42 U.S.C. 300g–3(g)(3)(A) ........................... SDWA ........................................................... 25,000 53,907 

42 U.S.C. 300g–3(g)(3)(B) ........................... SDWA ........................................................... 5,000/25,000 10,781/37,561 

42 U.S.C. 300g–3(g)(3)(C) ........................... SDWA ........................................................... 25,000 37,561 

42 U.S.C. 300h–2(b)(1) ................................ SDWA ........................................................... 25,000 53,907 

42 U.S.C. 300h–2(c)(1) ................................ SDWA ........................................................... 10,000/125,000 21,563/269,535 

42 U.S.C. 300h–2(c)(2) ................................ SDWA ........................................................... 5,000/125,000 10,781/269,535 

42 U.S.C. 300h–3(c) ..................................... SDWA ........................................................... 5,000/10,000 18,750/40,000 

42 U.S.C. 300i(b) .......................................... SDWA ........................................................... 15,000 22,537 

42 U.S.C. 300i–1(c) ...................................... SDWA ........................................................... 100,000/1,000,000 131,185/1,311,850 

42 U.S.C. 300j(e)(2) ..................................... SDWA ........................................................... 2,500 9,375 

42 U.S.C. 300j–4(c) ...................................... SDWA ........................................................... 25,000 53,907 

42 U.S.C. 300j–6(b)(2) ................................. SDWA ........................................................... 25,000 37,561 

42 U.S.C. 300j–23(d) .................................... SDWA ........................................................... 5,000/50,000 9,893/98,935 

42 U.S.C. 4852d(b)(5) .................................. RESIDENTIAL LEAD—BASED PAINT 

HAZARD REDUCTION ACT OF 1992.

10,000 16,773 

42 U.S.C. 4910(a)(2) .................................... NOISE CONTROL ACT OF 1972 ................ 10,000 35,445 

42 U.S.C. 6928(a)(3) .................................... RESOURCE CONSERVATION AND RECOVERY ACT (RCRA).25,000 93,750 

42 U.S.C. 6928(c) ......................................... RCRA ........................................................... 25,000 56,467 

42 U.S.C. 6928(g) ......................................... RCRA ........................................................... 25,000 70,117 

42 U.S.C. 6928(h)(2) .................................... RCRA ........................................................... 25,000 56,467 

42 U.S.C. 6934(e) ......................................... RCRA ........................................................... 5,000 14,023 

42 U.S.C. 6973(b) ......................................... RCRA ........................................................... 5,000 14,023 

42 U.S.C. 6991e(a)(3) .................................. RCRA ........................................................... 25,000 56,467 

42 U.S.C. 6991e(d)(1) .................................. RCRA ........................................................... 10,000 22,587 

42 U.S.C. 6991e(d)(2) .................................. RCRA ........................................................... 10,000 22,587 

42 U.S.C. 7413(b) ......................................... CLEAN AIR ACT (CAA) ............................... 25,000 93,750 

42 U.S.C. 7413(d)(1) .................................... CAA .............................................................. 25,000/200,000 44,539/356,312 

42 U.S.C. 7413(d)(3) .................................... CAA .............................................................. 5,000 8,908 

42 U.S.C. 7524(a) ......................................... CAA .............................................................. 25,000/2,500 44,539/4,454 

42 U.S.C. 7524(c)(1) .................................... CAA .............................................................. 200,000 356,312 

42 U.S.C. 7545(d)(1) .................................... CAA .............................................................. 25,000 44,539 

42 U.S.C. 9604(e)(5)(B) ............................... COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA).25,000 53,907 

42 U.S.C. 9606(b)(1) .................................... CERCLA ....................................................... 25,000 53,907 

42 U.S.C. 9609(a)(1) .................................... CERCLA ....................................................... 25,000 53,907 

42 U.S.C. 9609(b) ......................................... CERCLA ....................................................... 25,000/75,000 53,907/161,721 

42 U.S.C. 9609(c) ......................................... CERCLA ....................................................... 25,000/75,000 53,907/161,721 

42 U.S.C. 11045(a) ....................................... EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA).25,000 53,907 


asabaliauskas on DSK3SPTVN1PROD with RULES
43096 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations 

TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS

U.S. Code citation Environmental statute Statutory civil penalties, 

as enacted 

Statutory civil penalties 

for violations that 

occurred after 

November 2, 2015 and 

assessed on or after August 1, 2016 

42 U.S.C. 11045(b)(1)(A) ............................. EPCRA ......................................................... 25,000 53,907 

42 U.S.C. 11045(b)(2) .................................. EPCRA ......................................................... 25,000/75,000 53,907/161,721 

42 U.S.C. 11045(b)(3) .................................. EPCRA ......................................................... 25,000/75,000 53,907/161,721 

42 U.S.C. 11045(c)(1) .................................. EPCRA ......................................................... 25,000 53,907 

42 U.S.C. 11045(c)(2) .................................. EPCRA ......................................................... 10,000 21,563 

42 U.S.C. 11045(d)(1) .................................. EPCRA ......................................................... 25,000 53,907 

42 U.S.C. 14304(a)(1) .................................. MERCURY—CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT ACT (BATTERY ACT).10,000 15,025 

42 U.S.C. 14304(g) ....................................... BATTERY ACT ............................................. 10,000 15,025 

[FR Doc. 2016–15411 Filed 6–30–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No. EPA–R02–OAR–2016–0059; 

FRL–9948–57–Region 2] 

Approval of Air Quality Implementation 

Plans; New Jersey, Carbon Monoxide 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the New Jersey 

Department of Environmental 

Protection. This revision establishes an 

updated ten-year carbon monoxide (CO) 

limited maintenance plan for the New 

Jersey portion of the New York-Northern 

New Jersey-Long Island (NYNNJLI) CO 

area which includes the following areas: 

Hudson, Essex, Bergen, and Union 

Counties, and the municipalities of 

Clifton, Passaic and Paterson in Passaic 

County. New Jersey qualifies for a 

limited maintenance plan, rather than a 

full maintenance plan, because 

monitoring concentrations of CO are 

less than 85% of the standard. In a 

limited maintenance plan, future-year 

projection inventories and 

transportation conformity budgets are 

not required. In addition, EPA is also 

approving the 2007 Attainment/Base 

Year CO emissions inventory and the 

shutdown of 5 CO maintenance 

monitors in New Jersey. 

The New Jersey portion of the 

NYNNJLI CO area was redesignated to 

attainment of the CO National Ambient 

Air Quality Standard (NAAQS) on 

August 23, 2002 and a maintenance 

plan was also approved at that time. By 

this action, EPA is approving a second 

limited maintenance plan for this area 

because it provides for continued 

attainment of the CO NAAQS for an 

additional ten years. The intended effect 

of this rulemaking is to approve a SIP 

revision that will insure continued 

maintenance of the CO NAAQS. 

DATES: This final rule is effective on 

August 1, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2016–0059. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Henry Feingersh, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, telephone number 

(212) 637–3382, or by email at 

feingersh.henry@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

supplementary Information section is 

arranged as follows: 

Table of Contents 

I. What Action is EPA Taking? 

II. What Comments did EPA Receive on its 

Proposal and What are EPA’s Responses? 

III. What is the Adequacy Status of the CO 

Limited Maintenance Plan for the New 

Jersey Portion of the New York-Northern 

New Jersey-Long Island Area? 

IV. What is EPA’s Final Action? 

V. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is approving New Jersey’s SIP 

revision updating their existing ten-year 

carbon monoxide (CO) maintenance 

plan for the New Jersey portion of the 

New York-Northern New Jersey-Long 

Island (NYNNJLI) CO area, which 

includes the following areas: Hudson, 

Essex, Bergen, and Union Counties, and 

the municipalities of Clifton, Passaic 

and Paterson in Passaic County, with 

another ten-year plan. The reader is 

referred to the March 25, 2016 (81 FR 

16102) proposal for details on this 

rulemaking. 

II. What comments did EPA receive on 

its proposal and what are EPA’s 

responses? 

EPA did not receive any comments on 

our proposed approval of the updated 

CO limited maintenance plan. EPA is 

approving the New Jersey SIP revision 

request. 

III. What is the adequacy status of the 

CO limited maintenance plan for the 

New Jersey portion of the New YorkNorthern New Jersey-Long Island area? 

Section 118(e) of the transportation 

conformity rule (40 CFR part 93) states 

that a conformity determination cannot 

be made using submitted motor vehicle 

emission budgets (‘‘budgets’’) until EPA 

makes a positive determination that the 

submitted budgets are adequate. In 

accordance with our rule, the limited 

maintenance plan for the New Jersey 

portion of the New York-Northern New 

Jersey-Long Island (NYNNJLI) CO area 

was posted for adequacy review on July 

27, 2015 on EPA’s conformity Web site: 

http://www.epa.gov/otaq/

stateresources/transconf/adequacy.htm. 

As a general rule, however, limited 

maintenance plans, such as the 

maintenance plan for the NYNNJLI CO 

area, do not include budgets. Instead, 

for those areas that qualify under our 


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