Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations 66643 

1Section 3 of the Federal Civil Penalties Inflation 

Adjustment Act of 1990, 28 U.S.C. 2461 note, as 

amended by the DCIA, 31 U.S.C. 3701 note, defines 

‘‘civil monetary penalty’’ to mean ‘‘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 amended citations in two 

provisions of the construction standards 

to show the correct incorporation-byreference section. 

In the DFR, OSHA stated that it would 

confirm the effective date of the DFR if 

it received no significant adverse 

comments. OSHA received eight 

favorable and no adverse comments on 

the DFR (see ID: OSHA–2013–0005– 

0008 thru –0015 in the docket for this 

rulemaking). Accordingly, OSHA is 

confirming the effective date of the final 

rule. 

In addition to explicitly supporting 

the DFR, several of the commenters 

provided supplemental information. Mr. 

Charles Johnson of AltairStrickland 

stated that as a result of ‘‘[OSHA’s] 

incorporating both the 1968 and the 

[2011] versions of the ANSI Z535 

standard by reference[,] both 

manufacturers and employers will likely 

migrate to the newer versions and the 

older versions will likely fade away as 

demand declines’’ (ID: OSHA–2013– 

0005–0011). Mr. Johnson also 

commented that ‘‘[h]ad OSHA deleted 

the reference to the ANSI Z35.1–1968 

language, these signs would require 

replacement at considerable and 

unnecessary cost to employers.’’ Id. 

A second commenter, Mr. Blair 

Brewster of MySafetySign.com, 

described several advantages and 

limitations of the updated ANSI signage 

standards, concluding that ‘‘[i]t would 

be arrogant to assume that a single 

standard is best. The ANSI Z535 

designs, the traditional safety sign and 

tag designs, as well as the countless 

other designs to come, will all have 

their place and will all coexist’’ (ID: 

OSHA–2013–0005–0014). 

A third commenter, Mr. Kyle Pitsor of 

the National Electrical Manufacturers 

Association (NEMA) stated that ‘‘[w]hile 

we would have preferred that the 

references to the outdated standards be 

removed entirely from OSHA’s 

regulations, NEMA agrees that giving 

employers the option of using signs and 

tags that meet either the 1967–1968 or 

the most recent versions of the 

standards will provide the greatest 

flexibility without imposing additional 

costs’’ (ID: OSHA–2013–0005–0013). 

Mr. Pitsor also helpfully noted that, 

contrary to proposed §§ 1910.6(e)(66) 

and (e)(67) and 1926.6(h)(28)–(h)(30), 

the International Safety Equipment 

Association (ISEA) is not authorized to 

sell the ANSI Z535 standards proposed 

for incorporation by reference, and these 

standards are not sold on the ISEA Web 

site, www.safetyequipment.org. In 

response to Mr. Pitsor’s comment, 

OSHA is correcting the incorporationby-reference provisions in question in 

29 CFR 1910.6 and 1926.6 in a separate 

Federal Register notice identifying the 

three locations where the public can 

purchase the updated ANSI Z535 

standards. 

Finally, OSHA received an email from 

Jonathan Stewart, Manager, Government 

Relations, NEMA, after the comment 

period ended (ID: OSHA–2013–0005– 

0015). In his email, Mr. Stewart 

mentioned NEMA’s earlier comments to 

the docket (ID: OSHA–2013–0005– 

0013), and stated that ‘‘[w]hile reflective 

of NEMA’s position, those comments 

did not include a clarification regarding 

the language that the NRPM used in Sec. 

1926.200 Accident prevention signs and 

tags.’’ He further indicated that ‘‘[t]he 

language, while not inaccurate, was 

unclear regarding which figure(s) it 

intended to reference in the ANSI 

Z535.2–2011 standard.’’ Although this 

comment was late, OSHA considered it 

because it was a purely technical 

comment, pointing out an ambiguity in 

the cited provision’s reference to figures 

in the updated version of the national 

consensus standard, ANSI Z535.2–2011. 

OSHA finds that the comment has 

merit, and accordingly is clarifying the 

language in 29 CFR 1926.200(b) and (c) 

specifying which figures employers 

must follow in ANSI Z535.2–2011. 

List of Subjects in 29 CFR Parts 1910 

and 1926 

Signage, Incorporation by reference, 

Occupational safety and health, Safety. 

Authority and Signature 

David Michaels, Ph.D., MPH, 

Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, 200 Constitution 

Avenue NW., Washington, DC 20210, 

authorized the preparation of this final 

rule. OSHA is issuing this final rule 

pursuant to 29 U.S.C. 653, 655, and 657, 

5 U.S.C. 553, Secretary of Labor’s Order 

1–2012 (77 FR 3912), and 29 CFR part 

1911. 

Signed at Washington, DC, on October 30, 

2013. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2013–26336 Filed 11–5–13; 8:45 am] 

BILLING CODE 4510–26–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 19 

[FRL–9901–98–OECA] 

RIN 2020–AA49 

Civil Monetary Penalty Inflation 

Adjustment Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: With this action, EPA is 

promulgating a final rule that amends 

the Civil Monetary Penalty Inflation 

Adjustment Rule. This action is 

mandated by the Debt Collection 

Improvement Act of 1996 (DCIA) to 

adjust for inflation certain statutory civil 

monetary penalties that may be assessed 

for violations of EPA-administered 

statutes and their implementing 

regulations. The Agency is required to 

review the civil monetary penalties 

under the statutes it administers at least 

once every four years and to adjust such 

penalties as necessary for inflation 

according to a formula prescribed by the 

DCIA. The regulations contain a list of 

all civil monetary penalty authorities 

under EPA-administered statutes and 

the applicable statutory amounts, as 

adjusted for inflation, since 1996. 

DATES: This rule is effective December 6, 

2013. 

FOR FURTHER INFORMATION CONTACT: 

Caroline Hermann, Special Litigation 

and Projects Division (2248A), Office of 

Civil Enforcement, Office of 

Enforcement and Compliance 

Assurance, U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue NW., Washington, DC 20460, 

(202) 564–2876. 

SUPPLEMENTARY INFORMATION:

I. Background 

Pursuant to section 4 of the Federal 

Civil Penalties Inflation Adjustment Act 

of 1990, 28 U.S.C. 2461 note, as 

amended by the DCIA, 31 U.S.C. 3701 

note, each federal agency is required to 

issue regulations adjusting for inflation 

the statutory civil monetary penalties 1

(‘‘civil penalties’’ or ‘‘penalties’’) that 

can be imposed under the laws 

administered by that agency. The 

purpose of these adjustments is to 


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66644 Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations 

2Section 3 of the DCIA defines ‘‘Consumer Price 

Index’’ to mean ‘‘the Consumer Price Index for allurban consumers published by the Department of 

Labor.’’ Interested parties may find the relevant 

Consumer Price Index, published by the 

Department of Labor’s Bureau of Labor Statistics, on 

the Internet. To access this information, go to the 

CPI Home Page at: ftp://ftp.bls.gov/pub/

special.requests/cpi/cpiai.txt. 

3Section 5(b) of the DCIA defines the term ‘‘costof-living adjustment’’ to mean ‘‘the percentage (if 

any) for each civil monetary penalty by which—(1) 

the Consumer Price Index for the month of June of 

the calendar year preceding the adjustment, exceeds 

(2) the Consumer Price Index for the month of June 

of the calendar year in which the amount of such 

civil monetary penalty was last set or adjusted 

pursuant to law.’’ 

maintain the deterrent effect of civil 

penalties and to further the policy goals 

of the underlying statutes. The DCIA 

requires adjustments to be made at least 

once every four years following the 

initial adjustment. EPA’s initial 

adjustment to each statutory civil 

penalty amount was published in the 

Federal Register on December 31, 1996 

(61 FR 69360), and became effective on 

January 30, 1997 (‘‘the 1996 Rule’’). 

EPA’s second adjustment to civil 

penalty amounts was published in the 

Federal Register on February 13, 2004 

(69 FR 7121), and became effective on 

March 15, 2004 (‘‘the 2004 Rule’’). 

EPA’s third adjustment to civil penalty 

amounts was published in the Federal 

Register on December 11, 2008 (73 FR 

75340), as corrected in the Federal 

Register on January 7, 2009 (74 FR 626), 

and became effective on January 12, 

2009 (‘‘the 2008 Rule’’). 

Where necessary under the DCIA, this 

rule, specifically Table 1 in 40 CFR 19.4, 

adjusts for inflation the maximum and, 

in some cases, the minimum amount of 

the statutory civil penalty that may be 

imposed for violations of EPAadministered statutes and their 

implementing regulations. Table 1 of 40 

CFR 19.4 identifies the applicable EPAadministered statutes and sets out the 

inflation-adjusted civil penalty amounts 

that may be imposed pursuant to each 

statutory provision after the effective 

dates of the 1996, 2004 and 2008 rules. 

Where required under the DCIA 

formula, this rule amends the adjusted 

penalty amounts in Table 1 of 40 CFR 

19.4 for those violations that occur after 

the effective date of this rule. 

The formula prescribed by the DCIA 

for determining the inflation 

adjustment, if any, to statutory civil 

penalties consists of the following fourstep process: 

1. Determine the Cost-of-Living 

Adjustment (COLA). The COLA is 

determined by calculating the 

percentage increase, if any, by which 

the Consumer Price Index 2 for all-urban 

consumers (CPI–U) for the month of 

June of the calendar year preceding the 

adjustment exceeds the CPI–U for the 

month of June of the calendar year in 

which the amount of such civil 

monetary penalty was last set or 

adjusted.3 Accordingly, the COLA 

applied under this rule equals the 

percentage by which the CPI–U for June 

2012 (i.e., June of the year preceding 

this year), exceeds the CPI–U for June of 

the year in which the amount of a 

specific penalty was last adjusted (i.e., 

2008, 2004 or 1996, as the case may be). 

Given that the last inflation adjustment 

was published on December 11, 2008, 

the COLA for most civil penalties set 

forth in this rule was calculated by 

determining the percentage by which 

the CPI–U for June 2012 (229.478) 

exceeds the CPI–U for June 2008 

(218.815), resulting in a COLA of 4.87 

percent. For those few civil penalty 

amounts that were last adjusted under 

the 2004 Rule, the COLA equals 20.97 

percent, calculated by determining the 

percentage by which the CPI–U for June 

2012 (229.478) exceeds the CPI–U for 

June 2004 (189.7). In the case of the 

maximum civil penalty that can be 

imposed under section 311(b)(7)(A) of 

the Clean Water Act, 33 U.S.C. 

1321(b)(7)(A), which is the sole civil 

penalty last adjusted under the 1996 

Rule, the COLA is 46.45 percent, 

determined by calculating the 

percentage by which the CPI–U for June 

2012 (229.478) exceeds the CPI–U for 

June 1996 (156.7). 

2. Calculate the Raw Inflation 

Increase. Once the COLA is determined, 

the second step is to multiply the COLA 

by the current civil penalty amount to 

determine the raw inflation increase. 

3. Apply the DCIA’s Rounding Rule to 

the Raw Inflation Increase. The third 

step is to round this raw inflation 

increase according to section 5(a) of the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, 28 U.S.C. 2461 

note, as amended by the DCIA, 31 

U.S.C. 3701 note. The DCIA’s rounding 

rules require that any increase be 

rounded to the nearest multiple of: $10 

in the case of penalties less than or 

equal to $100; $100 in the case of 

penalties greater than $100 but less than 

or equal to $1,000; $1,000 in the case of 

penalties greater than $1,000 but less 

than or equal to $10,000; $5,000 in the 

case of penalties greater than $10,000 

but less than or equal to $100,000; 

$10,000 in the case of penalties greater 

than $100,000 but less than or equal to 

$200,000; and $25,000 in the case of 

penalties greater than $200,000. (See 

section 5(a) of the Federal Civil 

Penalties Inflation Adjustment Act of 

1990, 28 U.S.C. 2461 note, as amended 

by the DCIA, 31 U.S.C. 3701 note.) 

4. Add the Rounded Inflation 

Increase, if any, to the Current Penalty 

Amount. Once the inflation increase has 

been rounded pursuant to the DCIA, the 

fourth step is to add the rounded 

inflation increase to the current civil 

penalty amount to obtain the new, 

inflation-adjusted civil penalty amount. 

For example, in this rule, the current 

statutory maximum penalty amounts 

that may be imposed 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), are increasing from 

$295,000 to $320,000. These penalty 

amounts were last adjusted with the 

promulgation of the 2008 Rule, when 

these penalties were adjusted for 

inflation from $270,000 to $295,000. 

Applying the COLA adjustment to the 

current penalty amount of $295,000 

results in a raw inflation increase of 

$14,376 for both penalties. As stated 

above, the DCIA rounding rule requires 

the raw inflation increase to be rounded 

to the nearest multiple of $25,000 for 

penalties greater than $200,000. 

Rounding $14,376 to the nearest 

multiple of $25,000 equals $25,000. 

That rounded increase increment of 

$25,000 is then added to the $295,000 

penalty amount to arrive at a total 

inflation adjusted penalty amount of 

$320,000. Accordingly, once this rule is 

effective, the statutory maximum 

amounts of these penalties will increase 

to $320,000. 

In contrast, this rule does not adjust 

those civil penalty amounts where the 

raw inflation amounts are not high 

enough to round up to the required 

multiple stated in the DCIA. For 

example, under section 3008(a)(3) of the 

Resource Conservation and Recovery 

Act, 42 U.S.C. 6928(a)(3), the 

Administrator may assess a civil penalty 

of up to $37,500 per day of 

noncompliance for each violation. This 

penalty was last adjusted for inflation 

under the 2008 Rule. Multiplying the 

applicable 4.87 percent COLA to the 

statutory civil penalty amount of 

$37,500, the raw inflation increase 

equals only $1,827.40; the DCIA 

rounding rule requires a raw inflation 

increase increment to be rounded to the 

nearest multiple of $5,000 for penalties 

greater than $10,000 but less than or 

equal to $100,000. Because this raw 

inflation increase is not sufficient to be 

rounded up to a multiple of $5,000, in 

accordance with the DCIA’s rounding 

rule, this rule does not increase the 

$37,500 penalty amount. However, if 

during the development of EPA’s next 

Civil Monetary Penalty Inflation 

Adjustment Rule, anticipated to be 


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Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations 66645 

promulgated in 2017, the raw inflation 

increase can be rounded up to the next 

multiple of $5,000, statutory maximum 

penalty amounts currently at $37,500 

will be increased to $42,500. 

Because of the low rate of inflation 

since 2008, coupled with the 

application of the DCIA’s rounding 

rules, only 20 of the 88 statutory civil 

penalty provisions implemented by EPA 

are being adjusted for inflation under 

this rule. Assuming there are no changes 

to the mandate imposed by the DCIA, 

EPA intends to review all statutory 

penalty amounts and adjust them as 

necessary to account for inflation in the 

year 2017 and every four years 

thereafter. 

II. Technical Revision to Table 1 of 40 

CFR 19.4 To Break Out Each of the 

Statutory Penalty Authorities Under 

Section 325(b) of the Emergency 

Planning and Community Right-ToKnow Act (EPCRA) 

EPA is revising the row of Table 1 of 

40 CFR 19.4, which lists the statutory 

maximum penalty amounts that can be 

imposed under section 325(b) of 

EPCRA, 42 U.S.C. 11045(b), to break out 

separately the three penalty authorities 

contained in subsection (b). Since 1996, 

EPA has been adjusting for inflation all 

of the statutory maximum penalty 

amounts specified under EPCRA section 

325(b), 42 U.S.C. 11045(b). Under past 

rules, the Agency has grouped the 

maximum penalty amounts that may be 

assessed under section 325(b) under the 

heading of 42 U.S.C. 11045(b) in Table 

1 of 40 CFR 19.4. For example, under 

the 2008 Rule, Table 1 of 40 CFR 19.4 

reflects that the statutory maximum 

penalties that can be imposed under any 

subparagraph of EPCRA section 325(b) 

are $37,500 and $107,500. Consistent 

with how the other penalty authorities 

are displayed under Part 19.4, Table 1 

now delineates, on a subpart-by-subpart 

basis, the penalty authorities 

enumerated under section 325(b) of 

EPCRA, 42 U.S.C. 11045(b) (i.e., 42 

U.S.C. 11045(b)(1)(A), (b)(2), and (b)(3)). 

That is, upon the effective date of this 

rule, the statutory maximum penalty 

that can be imposed under section 

325(b)(1)(A) is $37,500; the statutory 

maximum penalties that can be imposed 

under section 325(b)(2) are $37,500 and 

$117,500; and the statutory maximum 

penalties that can be imposed under 

section 325(b)(3) are $37,500 and 

$117,500. 

III. Effective Date 

Section 6 of the DCIA provides that 

‘‘any increase under [the DCIA] in a 

civil monetary penalty shall apply only 

to violations which occur after the date 

the increase takes effect.’’ (See section 6 

of the Federal Civil Penalties Inflation 

Adjustment Act of 1990, 28 U.S.C. 2461 

note, as amended by the DCIA, 31 

U.S.C. 3701 note.) Thus, the new 

inflation-adjusted civil penalty amounts 

may be applied only to violations that 

occur after the effective date of this rule. 

IV. Good Cause 

Section 553(b) of the Administrative 

Procedure Act (APA) provides that, 

when an agency for good cause finds 

that ‘‘notice and public procedure . . . 

are impracticable, unnecessary, or 

contrary to the public interest,’’ the 

agency may issue a rule without 

providing notice and an opportunity for 

public comment. EPA finds that there is 

good cause to promulgate this rule 

without providing for public comment. 

The primary purpose of this final rule 

is merely to implement the statutory 

directive in the DCIA to make periodic 

increases in civil penalty amounts by 

applying the adjustment formula and 

rounding rules established by the 

statute. Because the calculation of the 

increases is formula-driven and 

prescribed by statute, EPA has no 

discretion to vary the amount of the 

adjustment to reflect any views or 

suggestions provided by commenters. 

Accordingly, it would serve no purpose 

to provide an opportunity for public 

comment on this rule. Thus, notice and 

public comment is unnecessary. 

In addition, EPA is making the 

technical revisions discussed above 

without notice and public comment. 

Because the technical revisions to Table 

1 of 40 CFR 19.4 more accurately reflect 

the statutory provisions under each of 

the subparagraphs of section 325(b) (i.e., 

under 42 U.S.C. 11045(b)(1)(A), (b)(2), 

and (b)(3)) and do not constitute 

substantive revisions to the rule, these 

changes do not require notice and 

comment. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and therefore is not 

subject to review under the Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995, 44 U.S.C. 3501–3521. 

Burden is defined at 5 CFR 1320.3(b). 

This rule merely increases the amount 

of civil penalties that could be imposed 

in the context of a federal civil 

administrative enforcement action or 

civil judicial case for violations of EPAadministered statutes and their 

implementing regulations. 

C. Regulatory Flexibility Act 

Today’s final rule is not subject to the 

Regulatory Flexibility Act (RFA), 5 

U.S.C. 601–612, which generally 

requires an agency to prepare a 

regulatory flexibility analysis for any 

rule that will have a significant 

economic impact on a substantial 

number of small entities. The RFA 

applies only to rules subject to notice 

and comment rulemaking requirements 

under the APA or any other statute. This 

rule is not subject to notice and 

comment requirements under the APA 

or any other statute because although 

the rule is subject to the APA, the 

Agency has invoked the ‘‘good cause’’ 

exemption under 5 U.S.C. 553(b), 

therefore it is not subject to the notice 

and comment requirements. 

D. Unfunded Mandates Reform Act 

This action contains no federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for state, local, or tribal 

governments or the private sector. The 

action implements mandates 

specifically and explicitly set forth by 

Congress in the DCIA without the 

exercise of any policy discretion by 

EPA. By applying the adjustment 

formula and rounding rules prescribed 

by the DCIA, this rule adjusts for 

inflation the statutory maximum and, in 

some cases, the minimum, amount of 

civil penalties that can be assessed by 

EPA in an administrative enforcement 

action, or by the U.S. Attorney General 

in a civil judicial case, for violations of 

EPA-administered statutes and their 

implementing regulations. Because the 

calculation of any increase is formuladriven, EPA has no policy discretion to 

vary the amount of the adjustment. 

Given that the Agency has made a ‘‘good 

cause’’ finding that this rule is not 

subject to notice and comment 

requirements under the APA or any 

other statute (see Section IV of this 

notice), it is not subject to sections 202 

and 205 of UMRA. EPA has also 

determined that this action is not 

subject to the requirements of section 

203 of UMRA because it contains no 

regulatory requirements that might 

significantly or uniquely affect small 

governments. This rule merely increases 


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the amount of civil penalties that could 

conceivably 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. 

E. Executive Order 13132 (Federalism) 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule merely 

increases the amount of civil penalties 

that could conceivably be imposed in 

the context of a federal civil 

administrative enforcement action or 

civil judicial case for violations of EPAadministered statutes and their 

implementing regulations. Thus, 

Executive Order 13132 does not apply 

to this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This rule merely increases the 

amount of civil penalties that could be 

imposed in the context of a federal civil 

administrative enforcement action or 

civil judicial case for violations of EPAadministered statutes and their 

implementing regulations. This final 

rule will not have substantial direct 

effects 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. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), 15 U.S.C. 272 

note, directs EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. NTTAA directs EPA 

to provide Congress, through the U.S. 

Office of Management and Budget, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. This 

action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any voluntary 

consensus 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. EPA 

lacks the discretionary authority to 

address environmental justice in this 

final rulemaking. The primary purpose 

of this final rule is merely to apply the 

DCIA’s inflation adjustment formula to 

make periodic increases in the civil 

penalties that may be imposed for 

violations of EPA-administered statutes 

and their implementing regulations. 

Thus, 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 

DCIA in determining the statutory civil 

penalty amount, EPA cannot vary the 

amount of the civil penalty adjustment 

to address other issues, including 

environmental justice issues. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801–808, as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 19 

Environmental protection, 

Administrative practice and procedure, 

Penalties. 

Dated: October 29, 2013. 

Gina McCarthy, 

Administrator, Environmental Protection 

Agency. 

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 

continues to read as follows: 

Authority: Pub. L. 101–410, 28 U.S.C. 2461 

note; Public Law 104–134, 31 U.S.C. 3701 

note. 

■ 2. Revise § 19.2 to read as follows: 

§ 19.2 Effective date. 

The increased penalty amounts set 

forth in the seventh and last column of 

Table 1 to § 19.4 apply to all violations 

under the applicable statutes and 

regulations which occur after December 

6, 2013. The penalty amounts in the 

sixth column of Table 1 to § 19.4 apply 

to violations under the applicable 

statutes and regulations which occurred 

after January 12, 2009, through 

December 6, 2013. The penalty amounts 

in the fifth column of Table 1 to § 19.4 

apply to all violations under the 

applicable statutes and regulations 


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Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations 66647 

which occurred after March 15, 2004, 

through January 12, 2009. The penalty 

amounts in the fourth column of Table 

1 to § 19.4 apply to all violations under 

the applicable statutes and regulations 

which occurred after January 30, 1997, 

through March 15, 2004. 

■ 3. Revise § 19.4 to read as follows: 

§ 19.4 Penalty adjustment and table. 

The adjusted statutory penalty 

provisions and their applicable amounts 

are set out in Table 1. The last column 

in the table provides the newly effective 

statutory civil penalty amounts. 

TABLE 1 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS

U.S. Code Citation Environmental statute Statutory penalties, 

as enacted 

Penalties effective 

after January 30, 

1997 through 

March 15, 2004 

Penalties effective 

after March 15, 

2004 through 

January 12, 2009 

Penalties effective 

after January 12, 

2009 through 

December 6, 2013 

Penalties effective 

after 

December 6, 2013 

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

FUNGICIDE, AND 

RODENTICIDE ACT 

(FIFRA).

$5,000 $5,500 $6,500 $7,500 $7,500 

7 U.S.C. 136l.(a)(2) ......... FIFRA .............................. $500/$1,000 $550/$1,000 $650/$1,100 $750/$1,100 $750/$1,100 

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

CONTROL ACT 

(TSCA).

$25,000 $27,500 $32,500 $37,500 $37,500 

15 U.S.C. 2647(a) ........... TSCA ............................... $5,000 $5,500 $6,500 $7,500 $7,500 

15 U.S.C. 2647(g) ........... TSCA ............................... $5,000 $5,000 $5,500 $7,500 $7,500 

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

CIVIL REMEDIES ACT 

(PFCRA).

$5,000 $5,500 $6,500 $7,500 $7,500 

31 U.S.C. 3802(a)(2) ....... PFCRA ............................ $5,000 $5,500 $6,500 $7,500 $7,500 

33 U.S.C. 1319(d) ........... CLEAN WATER ACT 

(CWA).

$25,000 $27,500 $32,500 $37,500 $37,500 

33 U.S.C. 1319(g)(2)(A) .. CWA ................................ $10,000/$25,000 $11,000/$27,500 $11,000/$32,500 $16,000/$37,500 $16,000/$37,500 

33 U.S.C. 1319(g)(2)(B) .. CWA ................................ $10,000/$125,000 $11,000/$137,500 $11,000/$157,500 $16,000/$177,500 $16,000/$187,500 

33 U.S.C. 1321(b)(6)(B)(i) CWA ................................ $10,000/$25,000 $11,000/$27,500 $11,000/$32,500 $16,000/$37,500 $16,000/$37,500 

33 U.S.C. 

1321(b)(6)(B)(ii).

CWA ................................ $10,000/$125,000 $11,000/$137,500 $11,000/$157,500 $16,000/$177,500 $16,000/$187,500 

33 U.S.C. 1321(b)(7)(A) .. CWA ................................ $25,000/$1,000 $27,500/$1,100 $32,500/$1,100 $37,500/$1,100 $37,500/$2,100 

33 U.S.C. 1321(b)(7)(B) .. CWA ................................ $25,000 $27,500 $32,500 $37,500 $37,500 

33 U.S.C. 1321(b)(7)(C) .. CWA ................................ $25,000 $27,500 $32,500 $37,500 $37,500 

33 U.S.C. 1321(b)(7)(D) .. CWA ................................ $100,000/$3,000 $110,000/$3,300 $130,000/$4,300 $140,000/$4,300 $150,000/$5,300 

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

RESEARCH, AND 

SANCTUARIES ACT 

(MPRSA).

$600 $660 $760 $860 $860 

33 U.S.C. 1415(a) ........... MPRSA ........................... $50,000/$125,000 $55,000/$137,500 $65,000/$157,500 $70,000/$177,500 $75,000/$187,500 

33 U.S.C. 1901 note (see 

1409(a)(2)(A)).

CERTAIN ALASKAN 

CRUISE SHIP OPERATIONS (CACSO).

$10,000/$25,000 $10,000/$25,000 2 $10,000/$25,000 $11,000/$27,500 $11,000/$27,500 

33 U.S.C. 1901 note (see 

1409(a)(2)(B)).

CACSO ........................... $10,000/$125,000 $10,000/$125,000 $10,000/$125,000 $11,000/$137,500 $11,000/$147,500 

33 U.S.C. 1901 note (see 

1409(b)(1)).

CACSO ........................... $25,000 $25,000 $25,000 $27,500 $27,500 

42 U.S.C. 300g–3(b) ....... SAFE DRINKING 

WATER ACT (SDWA).

$25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 300g– 

3(g)(3)(A).

SDWA ............................. $25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 300g– 

3(g)(3)(B).

SDWA ............................. $5,000/$25,000 $5,000/$25,000 $6,000/$27,500 $7,000/$32,500 $7,000/$32,500 

42 U.S.C. 300g– 

3(g)(3)(C).

SDWA ............................. $25,000 $25,000 $27,500 $32,500 $32,500 

42 U.S.C. 300h–2(b)(1) ... SDWA ............................. $25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 300h–2(c)(1) ... SDWA ............................. $10,000/$125,000 $11,000/$137,500 $11,000/$157,500 $16,000/$177,500 $16,000/$187,500 

42 U.S.C. 300h–2(c)(2) ... SDWA ............................. $5,000/$125,000 $5,500/$137,500 $6,500/$157,500 $7,500/$177,500 $7,500/$187,500 

42 U.S.C. 300h–3(c) ........ SDWA ............................. $5,000/$10,000 $5,500/$11,000 $6,500/$11,000 $7,500/$16,000 $7,500/$16,000 

42 U.S.C. 300i(b) ............. SDWA ............................. $15,000 $15,000 $16,500 $16,500 $21,500 

42 U.S.C. 300i–1(c) ......... SDWA ............................. $20,000/$50,000 $22,000/$55,000 3 $100,000/

$1,000,000 

$110,000/

$1,100,000 

$120,000/

$1,150,000 

42 U.S.C. 300j(e)(2) ........ SDWA ............................. $2,500 $2,750 $2,750 $3,750 $3,750 

42 U.S.C. 300j–4(c) ......... SDWA ............................. $25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 300j–6(b)(2) .... SDWA ............................. $25,000 $25,000 $27,500 $32,500 $32,500 

42 U.S.C. 300j–23(d) ....... SDWA ............................. $5,000/$50,000 $5,500/$55,000 $6,500/$65,000 $7,500/$70,000 $7,500/$75,000 

42 U.S.C. 4852d(b)(5) ..... RESIDENTIAL LEADBASED PAINT HAZARD REDUCTION 

ACT OF 1992.

$10,000 $11,000 $11,000 $16,000 $16,000 

42 U.S.C. 4910(a)(2) ....... NOISE CONTROL ACT 

OF 1972.

$10,000 $11,000 $11,000 $16,000 $16,000 

42 U.S.C. 6928(a)(3) ....... RESOURCE CONSERVATION AND RECOVERY ACT (RCRA).$25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 6928(c) ............ RCRA .............................. $25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 6928(g) ........... RCRA .............................. $25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 6928(h)(2) ....... RCRA .............................. $25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 6934(e) ........... RCRA .............................. $5,000 $5,500 $6,500 $7,500 $7,500 

42 U.S.C. 6973(b) ........... RCRA .............................. $5,000 $5,500 $6,500 $7,500 $7,500 


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TABLE 1 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS—Continued 

U.S. Code Citation Environmental statute Statutory penalties, 

as enacted 

Penalties effective 

after January 30, 

1997 through 

March 15, 2004 

Penalties effective 

after March 15, 

2004 through 

January 12, 2009 

Penalties effective 

after January 12, 

2009 through 

December 6, 2013 

Penalties effective 

after 

December 6, 2013 

42 U.S.C. 6991e(a)(3) ..... RCRA .............................. $25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 6991e(d)(1) ..... RCRA .............................. $10,000 $11,000 $11,000 $16,000 $16,000 

42 U.S.C. 6991e(d)(2) ..... RCRA .............................. $10,000 $11,000 $11,000 $16,000 $16,000 

42 U.S.C. 7413(b) ........... CLEAN AIR ACT (CAA) .. $25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 7413(d)(1) ....... CAA ................................. $25,000/$200,000 $27,500/$220,000 $32,500/$270,000 $37,500/$295,000 $37,500/$320,000 

42 U.S.C. 7413(d)(3) ....... CAA ................................. $5,000 $5,500 $6,500 $7,500 $7,500 

42 U.S.C. 7524(a) ........... CAA ................................. $2,500/$25,000 $2,750/$27,500 $2,750/$32,500 $3,750/$37,500 $3,750/$37,500 

42 U.S.C. 7524(c)(1) ....... CAA ................................. $200,000 $220,000 $270,000 $295,000 $320,000 

42 U.S.C. 7545(d)(1) ....... CAA ................................. $25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 9604(e)(5)(B) .. COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT 

(CERCLA).

$25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 9606(b)(1) ....... CERCLA .......................... $25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 9609(a)(1) ....... CERCLA .......................... $25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 9609(b) ........... CERCLA .......................... $25,000/$75,000 $27,500/$82,500 $32,500/$97,500 $37,500/$107,500 $37,500/$117,500 

42 U.S.C. 9609(c) ............ CERCLA .......................... $25,000/$75,000 $27,500/$82,500 $32,500/$97,500 $37,500/$107,500 $37,500/$117,500 

42 U.S.C. 11045(a) ......... EMERGENCY PLANNING AND COMMUNITY RIGHT-TOKNOW ACT (EPCRA).$25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 

11045(b)(1)(A) 4.

EPCRA ............................ $25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 11045(b)(2) ..... EPCRA ............................ $25,000/$75,000 $27,500/$82,500 $32,500/$97,500 $37,500/$107,500 $37,500/$117,500 

42 U.S.C. 11045(b)(3) ..... EPCRA ............................ $25,000/$75,000 $27,500/$82,500 $32,500/$97,500 $37,500/$107,500 $37,500/$117,500 

42 U.S.C. 11045(c)(1) ..... EPCRA ............................ $25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 11045(c)(2) ..... EPCRA ............................ $10,000 $11,000 $11,000 $16,000 $16,000 

42 U.S.C. 11045(d)(1) ..... EPCRA ............................ $25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 14304(a)(1) ..... MERCURY-CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT 

ACT (BATTERY ACT).

$10,000 $10,000 $11,000 $16,000 $16,000 

42 U.S.C. 14304(g) ......... BATTERY ACT ............... $10,000 $10,000 $11,000 $16,000 $16,000 

1 Note that 33 U.S.C. 1414b (d)(1)(B) contains additional penalty escalation provisions that must be applied to the penalty amounts set forth in this Table. The 

amounts set forth in this Table reflect an inflation adjustment to the calendar year 1992 penalty amount expressed in section 104B(d)(1)(A), which is used to calculate 

the applicable penalty amount under MPRSA section 104B(d)(1)(B) for violations that occur in any subsequent calendar year. 2 CACSO was passed on December 21, 2000 as part of Title XIV of the Consolidated Appropriations Act of 2001, Pub. L. 106–554, 33 U.S.C. 1901 note. 

3The original statutory penalty amounts of $20,000 and $50,000 under section 1432(c) of the SDWA, 42 U.S.C. 300i–1(c), were subsequently increased by Congress pursuant to section 403 of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, Public Law No. 107–188 (June 12, 2002), to 

$100,000 and $1,000,000, respectively. EPA did not adjust these new penalty amounts in its 2004 Civil Monetary Penalty Inflation Adjustment Rule (‘‘2004 Rule’’), 69 

FR 7121 (February 13, 2004), because they had gone into effect less than two years prior to the 2004 Rule. 4 Consistent with how the EPA’s other penalty authorities are displayed under Part 19.4, this Table now delineates, on a subpart-by-subpart basis, the penalty authorities enumerated under section 325(b) of EPCRA, 42 U.S.C. 11045(b) (i.e., 42 U.S.C. 11045(b)(1)(A), (b)(2), and (b)(3)). 

[FR Doc. 2013–26648 Filed 11–5–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0335; FRL–9902–50– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Procedures for Stringency 

Determinations and Minor Permit 

Revisions for Federal Operating 

Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: On September 10, 2013, EPA 

published a direct final rule approving 

portions of three revisions to the Texas 

State Implementation Plan (SIP) 

concerning the Texas Federal Operating 

Permits Program. The direct final action 

was published without prior proposal 

because EPA anticipated no adverse 

comments. EPA stated in the direct final 

rule that if we received relevant, adverse 

comments by October 10, 2013, EPA 

would publish a timely withdrawal in 

the Federal Register. EPA subsequently 

received timely adverse comments on 

the direct final rule. Therefore, EPA is 

withdrawing the direct final approval 

and will proceed to respond to all 

relevant, adverse comments in a 

subsequent action based on the parallel 

proposal published on September 10, 

2013. As stated in the parallel proposal, 

EPA will not institute a second 

comment period on this action. 

DATES: The direct final rule published 

on September 10, 2013 (78 FR 55221), 

is withdrawn as of November 6, 2013. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Adina Wiley (6PD–R), Air Permits 

Section, Environmental Protection 

Agency, Region 6, 1445 Ross Avenue 

(6PD–R), Suite 1200, Dallas, TX 75202– 

2733. The telephone number is (214) 

665–2115. Ms. Wiley can also be 

reached via electronic mail at 

wiley.adina@epa.gov. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: October 28, 2013. 

Ron Curry, 

Regional Administrator, Region 6. 

Accordingly, the amendments to 40 

CFR 52.2270 published in the Federal 

Register on September 10, 2013 (78 FR 


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