Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations 3633 

accordance with this subpart. For the 

purposes of this subpart, the terms— 

(1) ‘‘Family’’ means all persons 

related by blood, marriage, or adoption, 

or any person living within the 

household on a permanent basis; and 

(2) ‘‘Barter’’ means the exchange of 

handicrafts or fish or wildlife or their 

parts taken for subsistence uses— 

(i) For other fish or game or their 

parts; or 

(ii) For other food or for nonedible 

items other than money if the exchange 

is of a limited and noncommercial 

nature; and 

(3) ‘‘Customary trade’’ means the 

exchange of handicrafts or furs for cash 

to support personal or family needs; and 

does not include trade which 

constitutes a significant commercial 

enterprise. 

■ 4. Amend § 13.480 by: 

■ a. Designating the undesignated 

paragraph as paragraph (a). 

■ b. Adding paragraph (b). 

The addition reads as follows: 

§ 13.480 Subsistence hunting and 

trapping. 

* * * * * 

(b)(1) The following types of bait may 

be used to take bears for subsistence 

uses: 

(i) Parts of legally taken native fish or 

wildlife that are not required to be 

salvaged; or 

(ii) Remains of native fish or wildlife 

that died of natural causes. 

(2) The use of any other type of bait 

to take bears for subsistence uses is 

prohibited except under the terms and 

conditions of a permit issued under 

paragraph (d) of § 13.1902. 

■ 5. Add § 13.482 to read as follows: 

§ 13.482 Subsistence collection and use of 

animal parts. 

(a) Local rural residents may collect 

animal parts (excluding parts of 

threatened or endangered species) for 

subsistence uses in park areas where 

subsistence uses are authorized, 

provided that: 

(1) The resident’s primary permanent 

residence is in an area or community 

with a federally recognized customary 

and traditional use determination for 

the species in the game management 

unit where the collecting occurs (50 

CFR part 100); and 

(2) The resident has written 

authorization from the superintendent 

issued under § 1.6 of this chapter that 

identifies specific areas where this 

activity is allowed. 

(3)(i) If you are a NPS-qualified 

subsistence user (recipient), you may 

designate another NPS-qualified 

subsistence user to collect animal parts 

on your behalf in accordance with this 

section for the following purposes: 

(A) Making handicrafts for personal 

use, customary trade, or barter; or 

(B) Making handicrafts for qualified 

educational or cultural programs. 

(ii) The designated collector must 

obtain a permit from the 

superintendent. The designated 

collector may not charge the recipient 

for his/her services or for the collected 

items. 

(4) The use of paid employees to 

collect animal parts is prohibited. This 

prohibition does not apply to qualified 

educational or cultural programs that 

collect animal parts to create 

handicrafts, provided that the resulting 

handicrafts are not exchanged through 

barter or customary trade. 

(b) The superintendent may establish 

conditions, limits, and other restrictions 

on collection activities. Areas open to 

collections will be identified on a map 

posted on the park Web site and 

available at the park visitor center or 

park headquarters. Violating a 

condition, limit, or restriction is 

prohibited. 

■ 6. Amend § 13.485 by: 

■ a. Revising paragraph (b); 

■ b. Redesignating paragraph (c) as 

paragraph (f); and 

■ c. Adding paragraphs (c), (d), and (e). 

The revision and additions read as 

follows: 

§ 13.485 Subsistence use of timber and 

plant material. 

* * * * * 

(b) The gathering by local rural 

residents of fruits, berries, mushrooms, 

and other plant materials for subsistence 

uses, and the gathering of dead or 

downed timber for firewood for 

noncommercial subsistence uses, shall 

be allowed without a permit in park 

areas where subsistence uses are 

allowed. 

(c) The gathering by local rural 

residents of plant materials to make 

handicrafts for customary trade or barter 

is authorized in park areas where 

subsistence uses are allowed in 

accordance with terms and conditions 

established by the superintendent and 

posted on the park Web site. The use of 

paid employees to collect plant 

materials is prohibited. This prohibition 

does not apply to qualified educational 

or cultural programs that collect plant 

materials to create handicrafts, provided 

that the resulting handicrafts are not 

exchanged through barter or customary 

trade. 

(d)(1) If you are a NPS-qualified 

subsistence (recipient), you may 

designate another NPS-qualified 

subsistence user to collect plants on 

your behalf in accordance with this 

section for the following purposes: 

(i) Making handicrafts for personal 

use, customary trade, or barter; or 

(ii) Making handicrafts for qualified 

educational or cultural programs. 

(2) The designated collector must 

obtain a permit from the 

superintendent. The designated 

collector may not charge the recipient 

for his/her services or for the collected 

items. 

(e) The superintendent may establish 

conditions, limits, and other restrictions 

on gathering activities. Violating a 

condition, limit, or restriction is 

prohibited. 

* * * * * 

■ 7. Amend § 13.1902 by adding 

paragraph (d) to read as follows: 

§ 13.1902 Subsistence. 

* * * * * 

(d) Use of bait for taking bears. (1) 

The superintendent may issue 

individual, annual permits allowing the 

use of human-produced food items as 

bait for taking bears upon a finding that: 

(i) Such use is compatible with the 

purposes and values for which the area 

was established (e.g. does not create a 

user conflict); and 

(ii) The permit applicant does not 

have reasonable access to natural bait 

that may be used under § 13.480(b)(1). 

(2) Permits will identify specific 

locations within the park area where the 

bait station may be established and will 

not include areas where the use of such 

materials could create a user conflict. 

Dated: December 29, 2016. 

Michael Bean, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2016–32045 Filed 1–11–17; 8:45 am] 

BILLING CODE 4312–52–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 19 

[FRL–9958–06–OECA] 

Civil Monetary Penalty Inflation 

Adjustment Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is promulgating this final 

rule to adjust the level of statutory civil 

monetary penalty amounts under the 

statutes EPA administers. This action is 

mandated by the Federal Civil Penalties 

Inflation Adjustment Act of 1990, as 

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3634 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations 

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 

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 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 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. 

4Office of Management and Budget 

Memorandum, Implementation of the 2017 annual 

adjustment pursuant to the Federal Civil Penalties 

Inflation Adjustment Act Improvements Act of 2015 

(OMB Memorandum M–17–11) at p. 1 (December 

16, 2016). 

5See OMB Memorandum M–17–11 at p. 3. 

6See OMB Memorandum M–17–11 at p. 3. 

amended through the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (‘‘the 2015 

Act’’). The 2015 Act prescribes a 

formula for annually adjusting statutory 

civil penalties to reflect inflation, 

maintain the deterrent effect of statutory 

civil penalties, and promote compliance 

with the law. The rule does not 

necessarily revise the penalty amounts 

that EPA chooses to seek pursuant to its 

civil penalty policies in a particular 

case. EPA’s civil penalty policies, which 

guide enforcement personnel in how to 

exercise EPA’s statutory penalty 

authorities, take into account a number 

of fact-specific considerations, e.g., the 

seriousness of the violation, the 

violator’s good faith efforts to comply, 

any economic benefit gained by the 

violator as a result of its noncompliance, 

and a violator’s ability to pay. 

DATES: This final rule is effective on 

January 15, 2017. 

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 

Since 1990, Federal agencies have 

been required to issue regulations 

adjusting for inflation the statutory civil 

penalties 1 that can be imposed under 

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). 

The 2015 Act 2 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. The purpose 

of the 2015 Act is to maintain the 

deterrent effect of civil penalties by 

translating originally enacted statutory 

civil penalty amounts to today’s dollars 

and rounding statutory civil penalties to 

the nearest dollar. 

As required by the 2015 Act, EPA 

issued a catch up rule on July 1, 2016, 

which was effective August 1, 2016 (81 

FR 43091). This rule implements the 

annual penalty inflation adjustments 

mandated by the 2015 Act. Beginning in 

2017, Section 4 of the 2015 Act requires 

each federal agency to publish annual 

adjustments to all civil penalties under 

the laws implemented by that agency. 

These annual adjustments are required 

to be published by January 15 of each 

year. The 2015 Act describes the 

method for calculating the adjustments. 

Each statutory maximum civil monetary 

penalty is multiplied by the cost-ofliving adjustment, which is the 

percentage by which the Consumer 

Price Index for all Urban Consumers 

(CPI–U) for the month of October 2016 

exceeds the CPI–U for the month of 

October 2015. 

With this rule, the new statutory 

maximum (or minimum 3) penalty levels 

listed in Table 2 to 40 CFR 19.4 will 

apply to all statutory civil penalties 

assessed on or after January 15, 2017, 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. 

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

statutory civil penalties consists of the 

following steps: 

Step 1: The cost-of-living adjustment 

multiplier for 2017, based on the CPI– 

U of October 2016, is 1.01636.4 Multiply 

1.01636 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 

Procedures Act 

Section 4 of the 2015 Act directs 

federal agencies to publish annual 

adjustments no later than January 15, 

2017. In accordance with section 553 of 

the Administrative Procedures Act 

(APA), 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. According to 

OMB guidance issued to Federal 

agencies on the implementation of the 

2017 annual adjustment,5 the phrase 

‘‘notwithstanding section 553’’ means 

that ‘‘the public procedure the APA 

generally provides—notice, an 

opportunity for comment, and a delay in 

effective date—is not required for 

agencies to issue regulations 

implementing the annual adjustment.’’ 

Consistent with the language of the 2015 

Act and OMB’s implementation 

guidance, this rule is not subject to 

notice and an opportunity for public 

comment and will be effective 

immediately upon publication. 

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 final rule to be a ‘‘nonsignificant’’ regulatory action and, 

therefore, it did not undergo interagency 

review.6

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Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations 3635 

7See OMB Memorandum M–17–11 at p. 3. 

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 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 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 

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 

The EPA believes that this action is 

not subject to Executive Order 12898 (59 

FR 7629, February 16, 1994) because it 

does not establish an environmental 

health or safety standard. Rather, this 

action is mandated by the 2015 Act, 

which prescribes a formula for adjusting 

statutory civil penalties on an annual 

basis to reflect inflation. 

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)). 

The 2015 Act directs Federal agencies to 

publish their annual penalty inflation 

adjustments ‘‘notwithstanding section 

553 [of the APA].’’ Because OMB has 

instructed Federal agencies that this 

provision means that ‘‘notice, an 

opportunity for comment, and a delay in 

the effective date’’ are not required for 

agencies to issue regulations 

implementing the annual adjustment,7

EPA finds that the APA’s notice and 

comment rulemaking procedures are 

impracticable, unnecessary or contrary 

to the public interest. 

List of Subjects in 40 CFR Part 19 

Environmental protection, 

Administrative practice and procedure, 

Penalties. 

Dated: January 3, 2017. 

Gina McCarthy, 

Administrator. 

For the reasons set out in the 

preamble, 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. 

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 fourth 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 

and before January 15, 2017. 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 January 15, 

2017. 

■ 3. Amend § 19.4 by revising the 

introductory text and Table 2 to 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 

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3636 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations 

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 

third column displaying the original 

statutory civil penalty levels, as enacted. 

The fourth column of Table 2 displays 

the operative statutory civil penalty 

levels where penalties are assessed on 

or after August 1, 2016 but before 

January 15, 2017, for violations that 

occurred after November 2, 2015; the 

last column displays the operative 

statutory civil penalty levels where 

penalties are assessed on or after 

January 15, 2017, 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 

but before January 

15, 2017 

Statutory civil penalties for violations 

that occurred after 

November 2, 2015 

and assessed on or 

after January 15, 

2017 

7 U.S.C. 136l.(a)(1) ....................................... Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA).

$5,000 $18,750 $19,057 

7 U.S.C. 136l.(a)(2) 1 ..................................... FIFRA ............................................................ $1,000/$500/$1,000 $2,750/$1,772/$2,750 $2,795/$1,801/$2,795 

15 U.S.C. 2615(a)(1) ..................................... Toxic Substances Control Act (TSCA) ......... $25,000 $37,500 $38,114 

15 U.S.C. 2647(a) .......................................... TSCA ............................................................ $5,000 $10,781 $10,957 

15 U.S.C. 2647(g) .......................................... TSCA ............................................................ $5,000 $8,908 $9,054 

31 U.S.C. 3802(a)(1) ..................................... Program Fraud Civil Remedies Act 

(PFCRA).

$5,000 $10,781 $10,957 

31 U.S.C. 3802(a)(2) ..................................... PFCRA .......................................................... $5,000 $10,781 $10,957 

33 U.S.C. 1319(d) .......................................... Clean Water Act (CWA) ............................... $25,000 $51,570 $52,414 

33 U.S.C. 1319(g)(2)(A) ................................ CWA .............................................................. $10,000/$25,000 $20,628/$51,570 $20,965/$52,414 

33 U.S.C. 1319(g)(2)(B) ................................ CWA .............................................................. $10,000/$125,000 $20,628/$257,848 $20,965/$262,066 

33 U.S.C. 1321(b)(6)(B)(i) ............................. CWA .............................................................. $10,000/$25,000 $17,816/$44,539 $18,107/$45,268 

33 U.S.C. 1321(b)(6)(B)(ii) ............................ CWA .............................................................. $10,000/$125,000 $17,816/$222,695 $18,107/$226,338 

33 U.S.C. 1321(b)(7)(A) ................................ CWA .............................................................. $25,000/$1,000 $44,539/$1,782 $45,268/$1,811 

33 U.S.C. 1321(b)(7)(B) ................................ CWA .............................................................. $25,000 $44,539 $45,268 

33 U.S.C. 1321(b)(7)(C) ................................ CWA .............................................................. $25,000 $44,539 $45,268 

33 U.S.C. 1321(b)(7)(D) ................................ CWA .............................................................. $100,000/$3,000 $178,156/$5,345 $181,071/$5,432 

33 U.S.C. 1414b(d)(1) ................................... Marine Protection, Research, and Sanctuaries Act (MPRSA).$600 $1,187 $1,206 

33 U.S.C. 1415(a) .......................................... MPRSA ......................................................... $50,000/$125,000 $187,500/$247,336 $190,568/$251,382 

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 $13,893/$34,731 

33 U.S.C. 1901 note (see 1409(a)(2)(B)) ...... CACSO ......................................................... $10,000/$125,000 $13,669/$170,861 $13,893/$173,656 

33 U.S.C. 1901 note (see 1409(b)(1)) .......... CACSO ......................................................... $25,000 $34,172 $34,731 

33 U.S.C. 1908(b)(1) ..................................... Act To Prevent Pollution From Ships 

(APPS).

$25,000 $70,117 $71,264 

33 U.S.C. 1908(b)(2) ..................................... APPS ............................................................ $5,000 $14,023 $14,252 

42 U.S.C. 300g–3(b) ...................................... Safe Drinking Water Act (SDWA) ................. $25,000 $53,907 $54,789

42 U.S.C. 300g–3(g)(3)(A) ............................ SDWA ........................................................... $25,000 $53,907 $54,789 

42 U.S.C. 300g–3(g)(3)(B) ............................ SDWA ........................................................... $5,000/$25,000 $10,781/$37,561 $10,957/$38,175 

42 U.S.C. 300g–3(g)(3)(C) ............................ SDWA ........................................................... $25,000 $37,561 $38,175 

42 U.S.C. 300h–2(b)(1) ................................. SDWA ........................................................... $25,000 $53,907 $54,789 

42 U.S.C. 300h–2(c)(1) ................................. SDWA ........................................................... $10,000/$125,000 $21,563/$269,535 $21,916/$273,945 

42 U.S.C. 300h–2(c)(2) ................................. SDWA ........................................................... $5,000/$125,000 $10,781/$269,535 $10,957/$273,945 

42 U.S.C. 300h–3(c) ...................................... SDWA ........................................................... $5,000/$10,000 $18,750/$40,000 $19,057/$40,654 

42 U.S.C. 300i(b) ........................................... SDWA ........................................................... $15,000 $22,537 $22,906 

42 U.S.C. 300i–1(c) ....................................... SDWA ........................................................... $100,000/$1,000,000 $131,185/$1,311,850 $133,331/$1,333,312 

42 U.S.C. 300j(e)(2) ...................................... SDWA ........................................................... $2,500 $9,375 $9,528 

42 U.S.C. 300j–4(c) ....................................... SDWA ........................................................... $25,000 $53,907 $54,789 

42 U.S.C. 300j–6(b)(2) .................................. SDWA ........................................................... $25,000 $37,561 $38,175 

42 U.S.C. 300j–23(d) ..................................... SDWA ........................................................... $5,000/$50,000 $9,893/$98,935 $10,055/$100,554 

42 U.S.C. 4852d(b)(5) ................................... Residential Lead–Based Paint Hazard Reduction Act of 1992.$10,000 $16,773 $17,047 

42 U.S.C. 4910(a)(2) ..................................... Noise Control Act of 1972 ............................ $10,000 $35,445 $36,025 

42 U.S.C. 6928(a)(3) ..................................... Resource Conservation and Recovery Act 

(RCRA).

$25,000 $93,750 $95,284 

42 U.S.C. 6928(c) .......................................... RCRA ............................................................ $25,000 $56,467 $57,391 

42 U.S.C. 6928(g) .......................................... RCRA ............................................................ $25,000 $70,117 $71,264 

42 U.S.C. 6928(h)(2) ..................................... RCRA ............................................................ $25,000 $56,467 $57,391 

42 U.S.C. 6934(e) .......................................... RCRA ............................................................ $5,000 $14,023 $14,252 

42 U.S.C. 6973(b) .......................................... RCRA ............................................................ $5,000 $14,023 $14,252 

42 U.S.C. 6991e(a)(3) ................................... RCRA ............................................................ $25,000 $56,467 $57,391 

42 U.S.C. 6991e(d)(1) ................................... RCRA ............................................................ $10,000 $22,587 $22,957 

42 U.S.C. 6991e(d)(2) ................................... RCRA ............................................................ $10,000 $22,587 $22,957 

42 U.S.C. 7413(b) .......................................... Clean Air Act (CAA) ...................................... $25,000 $93,750 $95,284 

42 U.S.C. 7413(d)(1) ..................................... CAA ............................................................... $25,000/$200,000 $44,539/$356,312 $45,268/$362,141 

42 U.S.C. 7413(d)(3) ..................................... CAA ............................................................... $5,000 $8,908 $9,054 

42 U.S.C. 7524(a) .......................................... CAA ............................................................... $25,000/$2,500 $44,539/$4,454 $45,268/$4,527 

42 U.S.C. 7524(c)(1) ..................................... CAA ............................................................... $200,000 $356,312 $362,141 

42 U.S.C. 7545(d)(1) ..................................... CAA ............................................................... $25,000 $44,539 $45,268 

42 U.S.C. 9604(e)(5)(B) ................................ Comprehensive Environmental Response, 

Compensation, and Liability Act 

(CERCLA).

$25,000 $53,907 $54,789 

42 U.S.C. 9606(b)(1) ..................................... CERCLA ....................................................... $25,000 $53,907 $54,789 

42 U.S.C. 9609(a)(1) ..................................... CERCLA ....................................................... $25,000 $53,907 $54,789 

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Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations 3637 

TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS—Continued 

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 

but before January 

15, 2017 

Statutory civil penalties for violations 

that occurred after 

November 2, 2015 

and assessed on or 

after January 15, 

2017 

42 U.S.C. 9609(b) .......................................... CERCLA ....................................................... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367 

42 U.S.C. 9609(c) .......................................... CERCLA ....................................................... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367 

42 U.S.C. 11045(a) ........................................ Emergency Planning and Community RightTo-Know Act (EPCRA).$25,000 $53,907 $54,789 

42 U.S.C. 11045(b)(1)(A) .............................. EPCRA .......................................................... $25,000 $53,907 $54,789 

42 U.S.C. 11045(b)(2) ................................... EPCRA .......................................................... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367 

42 U.S.C. 11045(b)(3) ................................... EPCRA .......................................................... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367 

42 U.S.C. 11045(c)(1) ................................... EPCRA .......................................................... $25,000 $53,907 $54,789 

42 U.S.C. 11045(c)(2) ................................... EPCRA .......................................................... $10,000 $21,563 $21,916 

42 U.S.C. 11045(d)(1) ................................... EPCRA .......................................................... $25,000 $53,907 $54,789 

42 U.S.C. 14304(a)(1) ................................... Mercury-Containing and Rechargeable Battery Management Act (Battery Act).$10,000 $15,025 $15,271 

42 U.S.C. 14304(g) ........................................ Battery Act .................................................... $10,000 $15,025 $15,271 

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. 2017–00160 Filed 1–11–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2014–0431; FRL–9957–93– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Alabama; 

Infrastructure Requirements or the 

2010 Sulfur Dioxide National Ambient 

Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve in part and disapprove in part 

portions of the April 23, 2013, State 

Implementation Plan (SIP) submission, 

submitted by the State of Alabama, 

through the Alabama Department of 

Environmental Management (ADEM), 

for inclusion into the Alabama SIP. This 

final action pertains to the infrastructure 

requirements of the Clean Air Act (CAA 

or Act) for the 2010 1-hour sulfur 

dioxide (SO2) national ambient air 

quality standard (NAAQS). The CAA 

requires that each state adopt and 

submit a SIP for the implementation, 

maintenance and enforcement of each 

NAAQS promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure SIP submission.’’ ADEM 

certified that the Alabama SIP contains 

provisions that ensure the 2010 1-hour 

SO2 NAAQS is implemented, enforced, 

and maintained in Alabama. EPA has 

determined that portions of Alabama’s 

infrastructure SIP submission, provided 

to EPA on April 23, 2013, satisfy certain 

required infrastructure elements for the 

2010 1-hour SO2 NAAQS. 

DATES: This rule will be effective 

February 13, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2014–0431. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information 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 either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Michele Notarianni, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Ms. 

Notarianni can be reached via electronic 

mail at notarianni.michele@epa.gov or 

via telephone at (404) 562–9031. 

SUPPLEMENTARY INFORMATION: 

I. Background and Overview 

On June 2, 2010 (75 FR 35520, June 

22, 2010), EPA revised the primary SO2

NAAQS to an hourly standard of 75 

parts per billion (ppb) based on a 3-year 

average of the annual 99th percentile of 

1-hour daily maximum concentrations. 

Pursuant to section 110(a)(1) of the 

CAA, states are required to submit SIPs 

meeting the applicable requirements of 

section 110(a)(2) within three years after 

promulgation of a new or revised 

NAAQS or within such shorter period 

as EPA may prescribe. Section 110(a)(2) 

requires states to address basic SIP 

elements such as requirements for 

monitoring, basic program requirements 

and legal authority that are designed to 

assure attainment and maintenance of 

the NAAQS. States were required to 

submit such SIPs for the 2010 1-hour 

SO2 NAAQS to EPA no later than June 

2, 2013. 

EPA is taking final action to approve 

Alabama’s April 23, 2013, submission 

that addresses the infrastructure 

requirements of CAA sections 110(a)(1) 

and 110(a)(2) for the 2010 1-hour SO2

NAAQS, with the exception of interstate 

transport provisions pertaining to 

visibility protection requirements of 

section 110(a)(2)(D)(i)(II) (prong 4) and 

the state board requirements of section 

110(a)(2)(E)(ii). With respect to the 

visibility protection requirements of 

section 110(a)(2)(D)(i)(II) (prong 4), EPA 

is not finalizing any action at this time 

regarding this requirement. With respect 

to Alabama’s infrastructure SIP 

submission related to section 

110(a)(2)(E)(ii) requirements respecting 

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