Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Rules and Regulations 89309 

1The Federal Civil Penalties Inflation Adjustment 

Act Improvements Act of 2015 (Section 701 of Pub. 

L.114–74) was signed into law on November 2, 

2015, and amended the Federal Civil Penalties 

Inflation Adjustment Act of 1990. 

benefits of available regulatory 

alternatives and, when regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, and other advantages; 

distributive impacts; and equity). E.O. 

13563 (Improving Regulation and 

Regulatory Review) emphasizes the 

importance of quantifying both costs 

and benefits, reducing costs, 

harmonizing rules, and promoting 

flexibility. E.O. 14094 (Executive Order 

on Modernizing Regulatory Review) 

supplements and reaffirms the 

principles, structures, and definitions 

governing contemporary regulatory 

review established in E.O. 12866 of 

September 30, 1993 (Regulatory 

Planning and Review), and E.O. 13563 

of January 18, 2011 (Improving 

Regulation and Regulatory Review). The 

Office of Information and Regulatory 

Affairs has determined that this 

rulemaking is not a significant 

regulatory action under E.O. 12866, as 

amended by E.O. 14094. The Regulatory 

Impact Analysis associated with this 

rulemaking can be found as a 

supporting document at 

www.regulations.gov. 

Regulatory Flexibility Act (RFA) 

The Regulatory Flexibility Act, 5 

U.S.C. 601–612, is not applicable to this 

rulemaking because notice of proposed 

rulemaking is not required. 5 U.S.C. 

601(2), 603(a), 604(a). 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This final rule will have no 

such effect on State, local, and tribal 

governments, or on the private sector. 

Paperwork Reduction Act (PRA) 

This final rule contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). 

Assistance Listing 

The Assistance Listing numbers and 

titles for the programs affected by this 

document are 64.104, Pension for NonService-Connected Disability for 

Veterans; 64.109, Veterans 

Compensation for Service-Connected 

Disability; and 64.110, Veterans 

Dependency and Indemnity 

Compensation for Service-Connected 

Death. 

Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a major rule, 

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

List of Subjects in 38 CFR Part 4 

Disability benefits. 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, signed and approved 

this document on December 18, 2023, 

and authorized the undersigned to sign 

and submit the document to the Office 

of the Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. 

Luvenia Potts, 

Regulation Development Coordinator, Office 

of Regulation Policy & Management, Office 

of General Counsel, Department of Veterans 

Affairs. 

■ For the reasons stated in the preamble, 

VA adopts as final the interim final rule 

published on April 14, 2023, at 88 FR 

22914. 

[FR Doc. 2023–28241 Filed 12–26–23; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 19 

[FRL–5906.8–01–OECA] 

Civil Monetary Penalty Inflation 

Adjustment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: 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 monetary penalties to 

reflect inflation, maintain the deterrent 

effect of statutory civil monetary 

penalties, and promote compliance with 

the law. The rule does not establish 

specific civil monetary penalty amounts 

the EPA may seek in particular cases. 

The EPA calculates those amounts, as 

appropriate, based on the facts of 

particular cases and applicable agency 

penalty policies. The EPA’s civil 

penalty policies, which guide 

enforcement personnel on how to 

exercise the EPA’s discretion within 

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 the violator’s 

ability to pay. 

DATES: This final rule is effective 

December 27, 2023. 

FOR FURTHER INFORMATION CONTACT: 

David Smith-Watts, Office of Civil 

Enforcement, Office of Enforcement and 

Compliance Assurance, Mail Code 

2241A, Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW, Washington, DC 20460, telephone 

number: (202) 564–4083; smithwatts.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The 2015 Act 1 requires each Federal 

agency to adjust the statutory civil 

monetary penalties under the laws 

implemented by that agency annually, 

to account for inflation. Section 4 of the 

2015 Act requires each Federal agency 

to publish these adjustments by January 

15 of each year. The purpose of the 2015 

Act is to maintain the deterrent effect of 

civil monetary penalties by translating 

originally enacted statutory civil penalty 

amounts to today’s dollars and rounding 

statutory civil penalties to the nearest 

dollar. 

Since January 15, 2017, the EPA has 

made seven annual adjustments: (1) on 

January 12, 2017, effective on January 

15, 2017 (82 FR 3633); (2) on January 10, 

2018, effective on January 15, 2018 (83 

FR 1190); (3) on February 6, 2019, 

effective the same day (84 FR 2056), 

with a subsequent correction on 

February 25, 2019 (84 FR 5955); (4) on 

January 13, 2020, effective the same day 

(85 FR 1751); (5) on December 23, 2020, 

effective the same day (85 FR 83818); (6) 

on January 12, 2022, effective the same 

day (87 FR 1676); and (7) on January 6, 

2023, effective the same day (88 FR 

986). This rule implements the eighth 

annual adjustment mandated by the 

2015 Act. 


ddrumheller on DSK120RN23PROD with RULES1
89310 Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Rules and Regulations 

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

monetary penalty’ [is] any penalty, fine or other 

sanction that is for a specific monetary amount as 

provided by Federal law; or has a maximum 

amount provided for by Federal law.’’ EPAadministered statutes generally refer to statutory 

maximum 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)(A) of the Marine Protection, Research, 

and Sanctuaries Act, 33 U.S.C. 1414b(d)(1)(A), 

refers to an exact penalty of $600 ‘‘[f]or each dry 

ton (or equivalent) of sewage sludge or industrial 

waste dumped or transported by the person in 

violation of this subsection in calendar year 

1992. . .’’; and Section 325(d)(1) of the Emergency 

Planning and Community Right-to-Know Act, 42 

U.S.C. 11045(d)(1), refers to an exact civil penalty 

of $25,000 for each frivolous trade secret claim. 

3Current and historical CPI–U’s can be found on 

the Bureau of Labor Statistics’ websites here: 

https://www.bls.gov/cpi/tables/supplemental-files/ 

historical-cpi-u-202309.pdf and https:// 

www.bls.gov/news.release/pdf/cpi.pdf. 

4Section 5(b) of the 2015 Act provides that the 

term ‘‘cost-of-living adjustment’’ means the 

percentage (if any) for each civil monetary penalty 

by which— 

(A) the Consumer Price Index for the month of 

October preceding the date of the adjustment, 

exceeds 

(B) the Consumer Price Index for the month of 

October 1 year before the month of October referred 

to in subparagraph (A). 

Because the CPI–U for October 2023 is 307.671 

and the CPI–U for October 2022 is 298.012, the costof-living multiplier is 1.03241 (307.671 divided by 

298.012). 

The 2015 Act provides a formula for 

calculating the adjustments. Each 

statutory maximum and minimum 2

civil monetary penalty, as currently 

adjusted, is multiplied by the cost-ofliving adjustment multiplier, which is 

the percentage by which the Consumer 

Price Index for all Urban Consumers 

(CPI–U) for the month of October 2023 

exceeds the CPI–U for the month of 

October 2022.3

With this rule, the new statutory 

maximum and minimum penalty levels 

listed in the third column of Table 1 of 

40 CFR 19.4 will apply to all civil 

monetary penalties assessed on or after 

December 27, 2023, for violations that 

occurred after November 2, 2015, the 

date the 2015 Act was enacted. The 

former maximum and minimum 

statutory civil monetary penalty levels, 

which are in the fourth column of Table 

1 to 40 CFR 19.4, will now apply only 

to violations that occurred after 

November 2, 2015, where the penalties 

were assessed on or after January 6, 

2023, but before December 27, 2023. 

The statutory civil monetary penalty 

levels that apply to violations that 

occurred on or before November 2, 

2015, are codified at Table 2 to 40 CFR 

19.4. The fifth column of Table 1 and 

the seventh column of Table 2 display 

the statutory civil monetary penalty 

levels as originally enacted. 

The formula for determining the costof-living or inflation adjustment to 

statutory civil monetary penalties 

consists of the following steps: 

Step 1: The cost-of-living adjustment 

multiplier for 2024 is the percentage by 

which the CPI–U of October 2023 

(307.671) exceeds the CPI–U for the 

month of October 2022 (298.012), which 

is 1.03241.4 Multiply 1.03241 by the 

current penalty amount. This is the raw 

adjusted penalty value. 

Step 2: Round the raw adjusted 

penalty value. Section 5 of the 2015 Act 

states that any adjustment shall be 

rounded to the nearest multiple of $1. 

The result is the final penalty value for 

the year. 

II. The 2015 Act Requires Federal 

Agencies To Publish Annual Penalty 

Inflation Adjustments Notwithstanding 

Section 553 of the Administrative 

Procedure Act 

Pursuant to section 4 of the 2015 Act, 

each Federal agency is required to 

publish adjustments no later than 

January 15 each year. In accordance 

with section 553 of the Administrative 

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

rules are subject to notice and comment 

and are effective no earlier than 30 days 

after publication in the Federal 

Register. However, section 4(b)(2) of the 

2015 Act provides that each agency 

shall make the annual inflation 

adjustments ‘‘notwithstanding section 

553’’ of the APA. Consistent with the 

language of the 2015 Act, this rule is not 

subject to notice and an opportunity for 

public comment and will be effective on 

December 27, 2023. 

III. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is not a significant 

regulatory action as defined in 

Executive Order 12866, as amended by 

Executive Order 14094, and was 

therefore not subject to a requirement 

for Executive Order 12866 review. 

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 monetary 

penalties that can 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. Because the 2015 Act 

directs Federal agencies to publish this 

rule notwithstanding section 553 of the 

APA, this rule is not subject to notice 

and comment requirements or the RFA. 

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 the 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, the 

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, 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 monetary penalty levels 

to reflect and keep pace with the levels 

originally set by Congress when the 

statutes were enacted or amended. The 

calculation of the increases is formuladriven and prescribed by statute, and 

the 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. 

Thus, Executive Order 13175 does not 

apply to this action. 


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Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Rules and Regulations 89311 

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 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

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. Since this action does 

not concern human health, EPA’s Policy 

on Children’s Health also does not 

apply. 

H. Executive Order 13211: Actions 

Concerning Regulations 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 (NTTAA) 

The rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations and Executive 

Order 14096: Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All 

The EPA believes that this type of 

action does not concern human health 

or environmental conditions and 

therefore cannot be evaluated with 

respect to potentially disproportionate 

and adverse effects on communities 

with environmental justice concerns. As 

mandated by the 2015 Act, this rule 

adjusts for inflation the statutory civil 

monetary penalty amounts of the 

statutes administered by the EPA. 

EPA acknowledges that the annual 

mandatory increase in civil penalty 

amounts to account for inflation may 

result in further deterrents of 

environmental violations that may 

trigger civil penalties. Deterring 

violations has the benefit of promoting 

the overarching purpose of 

environmental enforcement and may 

have a positive impact on the human 

health or environment of all populations 

including communities with 

environmental justice concerns. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the 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 makes a good cause finding 

that notice and comment rulemaking 

procedures are impracticable, 

unnecessary or contrary to the public 

interest (5 U.S.C. 808(2)). The EPA finds 

that the APA’s notice and comment 

rulemaking procedures are unnecessary 

because the 2015 Act directs Federal 

agencies to publish their annual penalty 

inflation adjustments ‘‘notwithstanding 

section 553 [of the APA].’’ 

List of Subjects in 40 CFR Part 19 

Environmental protection, 

Administrative practice and procedure, 

Penalties. 

Michael S. Regan, 

Administrator. 

For the reasons set out in the 

preamble, the EPA amends title 40, 

chapter I, part 19 of the Code of Federal 

Regulations 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, 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. 

(a) The statutory civil monetary 

penalty levels set forth in the third 

column of Table 1 of § 19.4 apply to all 

violations which occur or occurred after 

November 2, 2015, where the penalties 

are assessed on or after December 27, 

2023. The statutory civil monetary 

penalty levels set forth in the fourth 

column of Table 1 of § 19.4 apply to all 

violations which occurred after 

November 2, 2015, where the penalties 

were assessed on or after January 6, 

2023, but before December 27, 2023. 

(b) The statutory monetary penalty 

levels in the third column of Table 2 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 were assessed 

before August 1, 2016. The statutory 

civil monetary penalty levels set forth in 

the fourth column of Table 2 of § 19.4 

apply to all violations which occurred 

after January 12, 2009, through 

December 6, 2013. The statutory civil 

monetary penalty levels set forth in the 

fifth column of Table 2 of § 19.4 apply 

to all violations which occurred after 

March 15, 2004, through January 12, 

2009. The statutory civil monetary 

penalty levels set forth in the sixth 

column of Table 2 of § 19.4 apply to all 

violations which occurred after January 

30, 1997, through March 15, 2004. 

■ 3. Revise the section heading, 

introductory text, and Table 1 of § 19.4 

to read as follows: 

§ 19.4 Statutory civil monetary penalties, 

as adjusted for inflation, and tables. 

Table 1 of this section sets out the 

statutory civil monetary penalty 

provisions of statutes administered by 

the EPA, with the third column setting 

out the latest operative statutory civil 

monetary penalty levels for violations 

that occur or occurred after November 2, 

2015, where penalties are assessed on or 

after December 27, 2023. The fourth 

column displays the operative statutory 

civil monetary penalty levels where 

penalties were assessed on or after 

January 6, 2023, but before December 

27, 2023. Table 2 of this section sets out 

the statutory civil monetary penalty 

provision of statutes administered by 

the EPA, with the operative statutory 

civil monetary penalty levels, as 

adjusted for inflation, for violations that 

occurred on or before November 2, 

2015, and for violations that occurred 

after November 2, 2015, where penalties 

were assessed before August 1, 2016. 


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89312 Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Rules and Regulations 

TABLE 1 OF § 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS

U.S. Code citation Environmental statute 

Statutory civil monetary 

penalties for violations 

that occur or occurred 

after November 2, 2015, 

where penalties are 

assessed on or after 

December 27, 2023 

Statutory civil monetary 

penalties for violations 

that occurred after 

November 2, 2015, 

where penalties were 

assessed on or after 

January 6, 2023, but 

before December 27, 

2023 

Statutory civil monetary 

penalties, as enacted 

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

RODENTICIDE ACT (FIFRA).

$24,255 $23,494 $5,000 

7 U.S.C. 136l(a)(2) 1 ......................... FIFRA ............................................................. 3,558/2,293/3,558 3,446/2,221/3,446 1,000/500/1,000 

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

(TSCA).

48,512 46,989 25,000 

15 U.S.C. 2647(a) ............................ TSCA .............................................................. 13,946 13,508 5,000 

15 U.S.C. 2647(g) ............................ TSCA .............................................................. 11,524 11,162 5,000 

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

(PFCRA).

13,946 13,508 5,000 

31 U.S.C. 3802(a)(2) ........................ PFCRA ........................................................... 13,946 13,508 5,000

33 U.S.C. 1319(d) ............................ CLEAN WATER ACT (CWA) ......................... 66,712 64,618 25,000 

33 U.S.C. 1319(g)(2)(A) ................... CWA ............................................................... 26,685/66,712 25,847/64,618 10,000/25,000 

33 U.S.C. 1319(g)(2)(B) ................... CWA ............................................................... 26,685/333,552 25,847/323,081 10,000/125,000 

33 U.S.C. 1321(b)(6)(B)(i) ................ CWA ............................................................... 23,048/57,617 22,324/55,808 10,000/25,000 

33 U.S.C. 1321(b)(6)(B)(ii) ............... CWA ............................................................... 23,048/288,080 22,324/279,036 10,000/125,000 

33 U.S.C. 1321(b)(7)(A) ................... CWA ............................................................... 57,617/2,304 55,808/2,232 25,000/1,000 

33 U.S.C. 1321(b)(7)(B) ................... CWA ............................................................... 57,617 55,808 25,000 

33 U.S.C. 1321(b)(7)(C) ................... CWA ............................................................... 57,617 55,808 25,000 

33 U.S.C. 1321(b)(7)(D) ................... CWA ............................................................... 230,464/6,913 223,229/6,696 100,000/3,000 

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

SANCTUARIES ACT (MPRSA).

1,535 1,487 600 

33 U.S.C. 1415(a) ............................ MPRSA ........................................................... 242,550/319,953 234,936/309,909 50,000/125,000 

33 U.S.C. 1901 note (see 

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

CERTAIN ALASKAN CRUISE SHIP OPERATIONS (CACSO).17,683/44,206 17,128/42,818 10,000/25,000 

33 U.S.C. 1901 note (see 

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

CACSO ........................................................... 17,683/221,026 17,128/214,087 10,000/125,000 

33 U.S.C. 1901 note (see 

1409(b)(1)).

CACSO ........................................................... 44,206 42,818 25,000 

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

SHIPS (APPS).

90,702 87,855 25,000 

33 U.S.C. 1908(b)(2) ........................ APPS .............................................................. 18,139 17,570 5,000 

42 U.S.C. 300g–3(b) ........................ SAFE DRINKING WATER ACT (SDWA) ...... 69,733 67,544 25,000 

42 U.S.C. 300g–3(g)(3)(A) ............... SDWA ............................................................. 69,733 67,544 25,000 

42 U.S.C. 300g–3(g)(3)(B) ............... SDWA ............................................................. 13,946/48,586 13,508/47,061 5,000/25,000 

42 U.S.C. 300g–3(g)(3)(C) ............... SDWA ............................................................. 48,586 47,061 25,000 

42 U.S.C. 300h–2(b)(1) .................... SDWA ............................................................. 69,733 67,544 25,000

42 U.S.C. 300h–2(c)(1) .................... SDWA ............................................................. 27,894/348,671 27,018/337,725 10,000/125,000 

42 U.S.C. 300h–2(c)(2) .................... SDWA ............................................................. 13,946/348,671 13,508/337,725 5,000/125,000 

42 U.S.C. 300h–3(c) ........................ SDWA ............................................................. 24,255/51,744 23,494/50,120 5,000/10,000 

42 U.S.C. 300i(b) ............................. SDWA ............................................................. 29,154 28,239 15,000 

42 U.S.C. 300i–1(c) ......................... SDWA ............................................................. 169,700/1,697,012 164,373/1,643,738 100,000/1,000,000 

42 U.S.C. 300j(e)(2) ......................... SDWA ............................................................. 12,127 11,746 2,500 

42 U.S.C. 300j–4(c) ......................... SDWA ............................................................. 69,733 67,544 25,000 

42 U.S.C. 300j–6(b)(2) ..................... SDWA ............................................................. 48,586 47,061 25,000 

42 U.S.C. 300j–23(d) ....................... SDWA ............................................................. 12,799/127,983 12,397/123,965 5,000/50,000 

42 U.S.C. 4852d(b)(5) ...................... RESIDENTIAL LEAD–BASED PAINT HAZARD REDUCTION ACT OF 1992.21,699 21,018 10,000 

42 U.S.C. 4910(a)(2) ........................ NOISE CONTROL ACT OF 1972 .................. 45,850 44,411 10,000 

42 U.S.C. 6928(a)(3) ........................ RESOURCE CONSERVATION AND RECOVERY ACT (RCRA).121,275 117,468 25,000 

42 U.S.C. 6928(c) ............................ RCRA ............................................................. 73,045 70,752 25,000 

42 U.S.C. 6928(g) ............................ RCRA ............................................................. 90,702 87,855 25,000 

42 U.S.C. 6928(h)(2) ........................ RCRA ............................................................. 73,045 70,752 25,000 

42 U.S.C. 6934(e) ............................ RCRA ............................................................. 18,139 17,570 5,000 

42 U.S.C. 6973(b) ............................ RCRA ............................................................. 18,139 17,570 5,000 

42 U.S.C. 6991e(a)(3) ...................... RCRA ............................................................. 73,045 70,752 25,000 

42 U.S.C. 6991e(d)(1) ...................... RCRA ............................................................. 29,221 28,304 10,000 

42 U.S.C. 6991e(d)(2) ...................... RCRA ............................................................. 29,221 28,304 10,000 

42 U.S.C. 7413(b) ............................ CLEAN AIR ACT (CAA) ................................. 121,275 117,468 25,000 

42 U.S.C. 7413(d)(1) ........................ CAA ................................................................ 57,617/460,926 55,808/446,456 25,000/200,000 

42 U.S.C. 7413(d)(3) ........................ CAA ................................................................ 11,524 11,162 5,000 

42 U.S.C. 7524(a) ............................ CAA ................................................................ 57,617/5,761 55,808/5,580 25,000/2,500 

42 U.S.C. 7524(c)(1) ........................ CAA ................................................................ 460,926 446,456 200,000 

42 U.S.C. 7545(d)(1) ........................ CAA ................................................................ 57,617 55,808 25,000 

42 U.S.C. 9604(e)(5)(B) ................... COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA).69,733 67,544 25,000 

42 U.S.C. 9606(b)(1) ........................ CERCLA ......................................................... 69,733 67,544 25,000

42 U.S.C. 9609(a)(1) ........................ CERCLA ......................................................... 69,733 67,544 25,000

42 U.S.C. 9609(b) ............................ CERCLA ......................................................... 69,733/209,202 67,544/202,635 25,000/75,000 

42 U.S.C. 9609(c) ............................ CERCLA ......................................................... 69,733/209,202 67,544/202,635 25,000/75,000 

42 U.S.C. 11045(a) .......................... EMERGENCY PLANNING AND COMMUNITY RIGHT–TO–KNOW ACT (EPCRA).69,733 67,544 25,000 

42 U.S.C. 11045(b)(1)(A) ................. EPCRA ........................................................... 69,733 67,544 25,000 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Rules and Regulations 89313 

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

U.S. Code citation Environmental statute 

Statutory civil monetary 

penalties for violations 

that occur or occurred 

after November 2, 2015, 

where penalties are 

assessed on or after 

December 27, 2023 

Statutory civil monetary 

penalties for violations 

that occurred after 

November 2, 2015, 

where penalties were 

assessed on or after 

January 6, 2023, but 

before December 27, 

2023 

Statutory civil monetary 

penalties, as enacted 

42 U.S.C. 11045(b)(2) ...................... EPCRA ........................................................... 69,733/209,202 67,544/202,635 25,000/75,000

42 U.S.C. 11045(b)(3) ...................... EPCRA ........................................................... 69,733/209,202 67,544/202,635 25,000/75,000

42 U.S.C. 11045(c)(1) ...................... EPCRA ........................................................... 69,733 67,544 25,000

42 U.S.C. 11045(c)(2) ...................... EPCRA ........................................................... 27,894 27,018 10,000

42 U.S.C. 11045(d)(1) ...................... EPCRA ........................................................... 69,733 67,544 25,000

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

ACT (BATTERY ACT).

19,437 18,827 10,000

42 U.S.C. 14304(g) .......................... BATTERY ACT ............................................... 19,437 18,827 10,000 

1 Note 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). 

* * * * * 

[FR Doc. 2023–28555 Filed 12–26–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 231219–0311] 

RIN 0648–BM60 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Pacific Coast Groundfish Fishery 

Management Plan; 2024 Specifications 

and Management Measures 

Corrections 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This rule corrects 2024 

harvest specifications for several species 

of groundfish where the numerical 

values were mathematically calculated 

incorrectly and do not accurately reflect 

the harvest policy recommendations of 

the Pacific Fishery Management Council 

(Council). These harvest specifications 

are for groundfish caught in the U.S. 

exclusive economic zone seaward of 

Washington, Oregon, and California, 

consistent with the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) and the 

Pacific Coast Groundfish Fishery 

Management Plan (PCGFMP). This rule 

revises harvest limits or allocations that 

were previously calculated based on 

incorrect annual catch limits (ACLs). 

This action implements corrected 

numerical values that align with the 

Council’s intended harvest policy 

decisions and considers the most recent 

fishery information available at the time 

those policies were recommended. 

DATES: This final rule is effective 

December 27, 2023. 

ADDRESSES: This rule is accessible via 

the internet at the Office of the Federal 

Register website at https://

www.federalregister.gov/. Background 

information and documents including 

an analysis for the policy decisions 

underpinning this action (Analysis), 

which addresses the statutory 

requirements of the Magnuson-Stevens 

Act are available from the Council’s 

website at https://www.pcouncil.org. 

The final 2022 Stock Assessment and 

Fishery Evaluation (SAFE) report for 

Pacific Coast groundfish, as well as the 

SAFE reports for previous years, are 

available from the Council’s website at 

https://www.pcouncil.org. The final 

Environmental Assessment (EA) and 

Regulatory Impact Review from the 

2023–2024 harvest specifications is 

available from the NMFS website at 

https://www.fisheries.noaa.gov/region/ 

west-coast. 

FOR FURTHER INFORMATION CONTACT: 

Gretchen Hanshew, Fishery 

Management Specialist, at 206–526– 

6147 or gretchen.hanshew@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

This final rule corrects the numerical 

values of harvest specifications and 

resulting harvest target management 

measures for six species or stock 

complexes for 2024. The harvest 

policies by which these numerical 

values are derived were recommended 

by the Council at its April and June 

2022 meetings and published in a 

proposed rule on October 14, 2022 (87 

FR 62676) and final rule on December 

16, 2022 (87 FR 77007). Hereafter, these 

proposed and final rules for the 2023– 

2024 harvest specifications and 

management measures will be referred 

to as the ‘‘original’’ proposed and final 

rules. In the original proposed and final 

rules, numerical values were 

miscalculated for a small subset (six 

species or stock complexes) of those 

harvest specifications and harvest target 

management measures regulations for 

127 groundfish stocks or management 

units. Numerical values were either too 

high (increasing risk of overfishing) or 

too low (increasing risk of not achieving 

optimum yield). Specific details on the 

errors and corrected values for each 

species or stock complex are discussed 

in detail in the proposed rule for this 

action (88 FR 73810, October 27, 2023). 

The harvest policies used to calculate 

the numerical values of the corrected 

harvest specifications and harvest target 

management measures in this rule are 

not revised from those described in the 

original proposed and final rules for the 

2023–2024 harvest specifications and 

management measures. The Council 

recommended these corrections at its 

September 2023 meeting. 

Corrections to Harvest Specifications 

and Harvest Targets 

As described in the proposed rule (88 

FR 73810, October 27, 2023) a few 

species and stock complex harvest 

specifications, which are numerical 

values of the harvestable surplus and 

include overfishing limits (OFLs), 

annual biological catch (ABCs), and 

ACLs, were calculated in error. 

Subsequent harvest target calculations 

that stem from the ACLs were also 

erroneous. This final rule corrects the 

numerical values of harvest 

specifications and applies the same 

sharing agreements to corrected ACLs to 

recalculate harvest targets. The OFLs, 


ddrumheller on DSK120RN23PROD with RULES1