13514 Federal Register / Vol. 62, No. 54 / Thursday, March 20, 1997 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 19 and 27

[FRL–5711–7]

Civil Monetary Penalty Inflation

Adjustment Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Corrections To final rule.

SUMMARY: This document contains

corrections to the Civil Monetary

Penalty Inflation Adjustment Rule, final

regulations ( FRL–5671–1), which were

published Tuesday, December 31, 1996,

(61 FR 69359). The regulations adjusted

the Environmental Protection Agency’s

(‘‘EPA’’) civil monetary penalties

(‘‘CMPs’’) for inflation as mandated by

the Debt Collection Improvement Act of

1996 (‘‘DCIA’’). A corrected version of

Table 1, from 40 CFR 19.4, which now

lists all but one of the EPA’s civil

monetary penalty authorities, appears

near the end of this notice.

EFFECTIVE DATE: January 30, 1997.

FOR FURTHER INFORMATION CONTACT: For

further information, contact Steven M.

Spiegel, Office of Regulatory

Enforcement, Multimedia Enforcement

Division, Mail Code 2248W, 401 M

Street, SW, Washington, D.C. 20460, or

at (703) 308–8507. Further information

may also be requested by electronic mail

(e-mail) to:

spiegel.steven@epamail.epa.gov. The

December 31, 1996 Final Rule and this

Correction are also available on the

Office of Enforcement and Compliance

Assurance’s Web page at http//

www.epa.gov/oeca.

SUPPLEMENTARY INFORMATION:

Need For Correction

As published, the preamble and final

regulations contain errors which may

prove misleading and are in need of

clarification. The changes made through

these corrections are all technical in

nature and can be broken down into

three categories. First, there were five

instances in which the exact section of

a statute was not cited correctly in the

preamble (which errors were repeated in

the rule). Second, there were two errors

in the new maximum penalty figures.

Third, there are other minor nonsubstantive changes, as well as the

addition of explanatory information

which does not affect the original rule,

but provides a more complete and

understandable document and rule to

the public. The additions concern the

August 1996 amendments to the Safe

Drinking Water Act, which went into

effect on August 6, 1996. For purposes

of clarity and providing the public with

one table that lists all of EPA’s civil

penalty authorities, the four new civil

penalty provisions from the August

1996 amendments to the Safe Drinking

Water Act have been added to Table 1

in Section 19.4 (even though these

penalty provisions are not subject to

adjustment for inflation pursuant to the

DCIA at this time). These additions are

identified below. Thus the revised Table

1 of Section 19.4 now provides a list of

all but one of the applicable statutory

provisions and maximum civil

penalties. There is one statutory

provision which has not yet been

adjusted. EPA anticipates performing a

rule-making to adjust 15 U.S.C. 2615, as

amended by the Residential Lead-Based

Paint Act of 1992, 42 U.S.C. 4852d, and

the corresponding regulations in 40 CFR

Part 745, which were omitted from the

December 31, 1996 rule-making.

Effect of Correction

Since all of the corrections are

technical in nature and do not affect the

substance of the rule, the original

effective date of January 30, 1997,

applies to those corrected provisions, as

well as to the other original provisions

of the final rule which did not require

correction. The identified corrections to

Table A in the preamble correspond to

the corrections and additions to Table 1

in Section 19.4. A corrected version of

Table 1, 40 CFR 19.4, which now lists

all but one of EPA’s civil monetary

penalty authorities, appears near the

end of this notice.

Correction of Publication

Accordingly, the publication on

December 31, 1996 of the preamble and

final regulations (FRL–5671–1) which

were the subject of F.R. Doc. 96–32972,

are corrected and added to as follows:

Preamble [Corrected]

On page 69360, Table A.—Summary

of Civil Monetary Penalty Inflation

Adjustment Calculations, the first

column, is corrected as follows:

7 USC 136l(1) is corrected to read 7

USC 136l.(a)(1)—(the number 136, is

followed by the letter ‘‘l’’, not the

number one).

7 USC 136l(2) is corrected to read 7

USC 136l.(a)(2)—(the number 136, is

followed by the letter ‘‘l’’, not the

number one).

15 USC 2615 is corrected to 15 USC

2615(a).

On page 69361, Table A, is corrected

as follows:

33 U.S.C. 1321(b)(7)(A) in the first

column is correct, but the fourth column

figure of ‘‘10,000’’, is corrected to

‘‘25,000’’. The seventh column figure of

15,000, is corrected to 30,000. The

eighth column figure of ‘‘11,000’’ is

corrected to ‘‘27,500’’.

33 U.S.C. 1321(b)(7)(D) in the first

column is correct, but the eighth

column figure of ‘‘11,000’’ is corrected

to ‘‘110,000’’.

42 U.S.C. 300i–1(b) is corrected to 42

U.S.C. 300i–1(c) .

On page 69362, for 42 U.S.C. 6934(e),

the fourth column, the figure ‘‘25,000’’

is corrected to read ‘‘5,000’’.

On page 69363, 42 U.S.C.

11045(d)(2)(3) is corrected to 42 U.S.C.

11045(d) (1).

In the first column, first sentence,

insert ‘‘will’’ so the sentence reads

‘‘Future adjustments also will be made

in accordance with the statutory

formula.’’

Preamble [Additions]

Supplementary Information. On page

69360, in the third column, in the first

full sentence, add the phrase ‘‘, along

with the new penalty amounts set by the

1996 amendments to the Safe Drinking

Water Act,’’ between the words

‘‘statutory maximum amounts’’ and ‘‘are

set out in Table 1* * *’’

On page 69361, 42 U.S.C. 300g–

3(g)(3)(B), in the first column is correct;

for the second column, change the word

‘‘penalty’’ to ‘‘penalties’’; third column,

replace ‘‘1986’’ with ‘‘1996’’; fourth

column, replace ‘‘5,000’’ with ‘‘5,000/

25,000’’; replace the figures in the fifth,

sixth and seventh columns with ‘‘N/A’’;

and in the eighth column, replace

‘‘5,500’’ with ‘‘5,000/25,000’’.

Following 42 U.S.C. 300g–3(g)(3)(B),

add a new row starting with 42 U.S.C.

300g–3(g)(3)(C) in the first column; for

the second column, insert SAFE

DRINKING WATER ACT/ THRESHOLD

REQUIRING CIVIL JUDICIAL ACTION

PER SEC. 1414(g)(3)(B) & (C); third

column, insert ‘‘1996’’; fourth column,

insert ‘‘25,000’’; insert ‘‘N/A’’ for the

figures in the fifth, sixth and seventh

columns; and in the eighth column,

‘‘25,000’’.

Following 42 U.S.C. 300h–3(c)2, add

a new row for 42 U.S.C. 300i(b); for the

second column, insert SAFE DRINKING

WATER ACT/ FAILURE TO COMPLY

WITH IMMINENT AND SUBSTANTIAL

ENDANGERMENT ADMIN. ORDER ;

third column, insert ‘‘1996’’; fourth

column, insert ‘‘15,000’’; insert ‘‘N/A’’

for the figures in the fifth, sixth and

seventh columns; and in the eighth

column, insert ‘‘15,000’’.

Following 42 U.S.C. 300j–4(c), add a

new row for 42 U.S.C. 300j–6(b)(2); for

the second column, insert SAFE

DRINKING WATER ACT/ FAILURE TO

COMPLY WITH ADMIN. ORDER
Federal Register / Vol. 62, No. 54 / Thursday, March 20, 1997 / Rules and Regulations 13515

ISSUED TO FED. FACILITY ; third

column, insert ‘‘1996’’; fourth column,

insert ‘‘25,000’’; insert ‘‘N/A’’ for the

figures in the fifth, sixth and seventh

columns; and in the eighth column,

insert ‘‘25,000’’.

Procedural Requirements

I. Small Business Regulatory

Enforcement Fairness Act

In the December 31, 1996 notice, EPA

found good cause, pursuant to 5 U.S.C.

553(b)(3)(B) of the Administrative

Procedure Act (‘‘APA’’), that soliciting

public comment prior to publication of

the rule was not necessary because EPA

is carrying out a ministerial, nondiscretionary duty per direction of an

Act of Congress. EPA finds that good

cause continues to apply to this rule,

and therefore the effective date

provisions of the Small Business

Regulatory Enforcement Fairness Act of

1996 (‘‘SBREFA’’), do not govern the

effective date of today’s action as well.

Additionally, the fact that these changes

are technical and do not affect the

substance of the previously issued rule

also meets the ‘‘good cause’’ exception

to the effective date requirements of

section 553(d) of the Administrative

Procedure Act as well.

Under Executive Order 12866 (58 F.R.

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’

and, is therefore not subject to review by

the Office of Management and Budget.

In addition, this action does not impose

any enforceable duty or contain any

unfunded mandate as described in the

Unfunded Mandates Reform Act of 1995

(PL. 104–4). Because this action is not

subject to notice-and-comment

requirements under the APA or any

other statute, it is not subject to the

provisions of the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.).

Under 5 U.S.C. 801(a)(1)(A), as added

by SBREFA, EPA submitted 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

today’s Federal Register. This rule is a

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(a).

PART 19 [CORRECTED WITH

ADDITIONS]

Beginning on page 69364, Table 1 of

Section 19.4—Civil Monetary Penalty

Inflation Adjustments, is corrected to

read as follows:

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

U.S. Code citation Civil monetary penalty description New maximum penalty

amount

7 U.S.C. 1361.(a)(1) ........... FEDERAL INSECTICIDE, FUNGICIDE, & RODENTICIDE ACT CIVIL PENALTY—

GENERAL—COMMERCIAL APPLICATORS, ETC.

$5,500.

7 U.S.C. 1361.(a)(2) ........... FEDERAL INSECTICIDE, FUNGICIDE, & RODENTICIDE ACT CIVIL PENALTY—

PRIVATE APPLICATORS—FIRST AND SUBSEQUENT OFFENSES OR VIOLATIONS.

$550/$1,000.

15 U.S.C. 2615(a) ............... TOXIC SUBSTANCES CONTROL ACT CIVIL PENALTY ........................................... $27,500.

15 U.S.C. 2647(a) ............... ASBESTOS HAZARD EMERGENCY RESPONSE ACT CIVIL PENALTY ................. $5,500.

31 U.S.C. 3802(a)(1) .......... PROGRAM FRAUD CIVIL REMEDIES ACT/VIOLATION INVOLVING FALSE

CLAIM.

$5,500.

31 U.S.C. 3802(a)(2) .......... PROGRAM FRAUD CIVIL REMEDIES ACT/VIOLATION INVOLVING FALSE

STATEMENT.

$5,500.

33 U.S.C. 1319(d) ............... CLEAN WATER ACT VIOLATION/CIVIL JUDICIAL PENALTY ................................... $27,500.

33 U.S.C. 1319(g)(2)(A) ...... CLEAN WATER ACT VIOLATION/ADMINISTRATIVE PENALTY PER VIOLATION

AND MAXIMUM.

$11,000/$27,500.

33 U.S.C. 1319(g)(2)(B) ...... CLEAN WATER ACT VIOLATION/ADMINISTRATIVE PENALTY PER VIOLATION

AND MAXIMUM.

$11,000/$137,500.

33 U.S.C. 1321(b)(6)(B)(I) .. CLEAN WATER ACT VIOLATION/ADMIN PENALTY OF SEC 311(b)(3)&(j) PER

VIOLATION AND MAXIMUM.

$11,000/$27,500.

33 U.S.C. 1321(b)(6)(B)(ii) .. CLEAN WATER ACT VIOLATION/ADMIN PENALTY OF SEC 311(b)(3)&(j) PER

VIOLATION AND MAXIMUM.

$11,000/$137,500.

33 U.S.C. 1321(b)(7)(A) ...... CLEAN WATER ACT VIOLATION/CIVIL JUDICIAL PENALTY OF SEC 311(b)(3)—

PER VIOLATION PER DAY OR PER BARREL OR UNIT.

$27,500 or $1,100 per barrel or unit.

33 U.S.C. 1321(b)(7)(B) ...... CLEAN WATER ACT VIOLATION/CIVIL JUDICIAL PENALTY OF SEC

311(c)&(e)(1)(B).

$27,500.

33 U.S.C. 1321(b)(7)(C) ..... CLEAN WATER ACT VIOLATION/CIVIL JUDICIAL PENALTY OF SEC 311(j) .......... $27,500.

33 U.S.C. 1321(b)(7)(D) ..... CLEAN WATER ACT VIOLATION/MINIMUM CIVIL JUDICIAL PENALTY OF SEC

311(b)(3)—PER VIOLATION OR PER BARREL/UNIT.

$110,000 or $3,300 per

barrel or unit.

33 U.S.C. 1414b(d) ............. MARINE PROTECTION, RESEARCH & SANCTUARIES ACT VIOL SEC 104b(d) ... $660.

33 U.S.C. 1415(a) ............... MARINE PROTECTION RESEARCH AND SANCTUARIES ACT VIOLATIONS—

FIRST & SUBSEQUENT VIOLATIONS.

$55,000/$137,500.

42 U.S.C. 300g–3(b) ........... SAFE DRINKING WATER ACT/CIVIL JUDICIAL PENALTY OF SEC 1414(b) ........... $27,500.

42 U.S.C. 300g–3(c) ........... SAFE DRINKING WATER ACT/CIVIL JUDICIAL PENALTY OF SEC 1414(c) ........... $27,500.

42 U.S.C. 300g–3(g)(3)(A) .. SAFE DRINKING WATER ACT/CIVIL JUDICIAL PENALTY OF SEC 1414(g)(3)(a) .. $27,500.

42 U.S.C. 300g–3(g)(3)(B) .. SAFE DRINKING WATER ACT/MAXIMUM ADMINISTRATIVE PENALTIES PER

SEC 1414(g)(3)(B).

$5,000/$25,000.

42 U.S.C. 300g–3(g)(3)(C) SAFE DRINKING WATER ACT/THRESHOLD REQUIRING CIVIL JUDICIAL ACTION PER SEC 1414(g)(3)(C).$25,000.

42 U.S.C. 300h–2(b)(1) ...... SDWA/CIVIL JUDICIAL PENALTY/VIOLATIONS OF REQS—UNDERGROUND INJECTION CONTROL (UIC).$27,500.

42 U.S.C. 300h–2(c)(1) ....... SDWA/CIVIL ADMIN PENALTY/VIOLATIONS OF UIC REQS—PER VIOLATION

AND MAXIMUM.

$11,000/$137,500.

42 U.S.C. 300h–2(c)(2) ....... SDWA/CIVIL ADMIN PENALTY/VIOLATIONS OF UIC REQS—PER VIOLATION

AND MAXIMUM.

$5,500/$137,500.

42 U.S.C. 300h–3(c)(1) ....... SDWA/VIOLATION/OPERATION OF NEW UNDERGROUND INJECTION WELL .... $5,500.

42 U.S.C. 300h–3(c)(2) ....... SDWA/WILLFUL VIOLATION/OPERATION OF NEW UNDERGROUND INJECTION

WELL.

$11,000.
13516 Federal Register / Vol. 62, No. 54 / Thursday, March 20, 1997 / Rules and Regulations

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

U.S. Code citation Civil monetary penalty description New maximum penalty

amount

42 U.S.C. 300i(b) ................ SDWA/FAILURE TO COMPLY WITH IMMINENT AND SUBSTANTIAL

ENDANGERMENT ORDER.

$15,000.

42 U.S.C. 300i–1(c) ............ SDWA/ATTEMPTING TO OR TAMPERING WITH PUBLIC WATER SYSTEM/CIVIL

JUDICIAL PENALTY.

$22,000/$55,000.

42 U.S.C. 300j(e)(2) ............ SDWA/FAILURE TO COMPLY W/ORDER ISSUED UNDER SEC. 1441(c)(1) .......... $2,750.

42 U.S.C. 300j–4(c) ............ SDWA/REFUSAL TO COMPLY WITH REQS. OF SEC. 1445(a) OR (b) ................... $27,500.

42 U.S.C. 300j–6(b)(2) ........ SDWA/FAILURE TO COMPLY WITH ADMIN. ORDER ISSUED TO FEDERAL FACILITY.$25,000.

42 U.S.C. 300j–23(d) .......... SDWA/VIOLATIONS/SECTION 1463(b)—FIRST OFFENSE/REPEAT OFFENSE ..... $5,500/$55,000.

42 U.S.C. 6928(a)(3) .......... RESOURCE CONSERVATION & RECOVERY ACT/VIOLATION SUBTITLE C ASSESSED PER ORDER.$27,500.

42 U.S.C. 6928(c) ............... RES. CONS. & REC. ACT/CONTINUED NONCOMPLIANCE OF COMPLIANCE

ORDER.

$27,500.

42 U.S.C. 6928(g) ............... RESOURCE CONSERVATION & RECOVERY ACT/VIOLATION SUBTITLE C ........ $27,500.

42 U.S.C. 6928(h)(2) .......... RES. CONS. & REC. ACT/NONCOMPLIANCE OF CORRECTIVE ACTION ORDER $27,500.

42 U.S.C. 6934(e) ............... RES. CONS. & REC. ACT/NONCOMPLIANCE WITH SECTION 3013 ORDER ........ $5,500.

42 U.S.C. 6973(b) ............... RES. CONS. & REC. ACT/VIOLATIONS OF ADMINISTRATIVE ORDER ................. $5,500.

42 U.S.C. 6991e(a)(3) ........ RES. CONS. & REC. ACT/NONCOMPLIANCE WITH UST ADMINISTRATIVE

ORDER.

$27,500.

42 U.S.C. 6991e(d)(1) ........ RES. CONS. & REC. ACT/FAILURE TO NOTIFY OR FOR SUBMITTING FALSE

INFORMATION.

$11,000.

42 U.S.C. 6991e(d)(2) ........ RCRA/VIOLATIONS OF SPECIFIED UST REGULATORY REQUIREMENTS ........... $11,000.

42 U.S.C. 6992d(a)(2) ........ RCRA/NONCOMPLIANCE W/MEDICAL WASTE TRACKING ACT ASSESSED

THRU ADMIN ORDER.

$27,500.

42 U.S.C. 6992d(a)(4) ........ RCRA/NONCOMPLIANCE W/MEDICAL WASTE TRACKING ACT ADMINISTRATIVE ORDER.$27,500.

42 U.S.C. 6992d(d) ............. RCRA/VIOLATIONS OF MEDICAL WASTE TRACKING ACT—JUDICIAL PENALTIES.$27,500.

42 U.S.C. 7413(b) ............... CLEAN AIR ACT/VIOLATION/OWNERS & OPERATORS OF STATIONARY AIR

POLLUTION SOURCES—JUDICIAL PENALTIES.

$27,500.

42 U.S.C. 7413(d)(1) .......... CLEAN AIR ACT/VIOLATION/OWNERS & OPERATORS OF STATIONARY AIR

POLLUTION SOURCES-ADMINISTRATIVE PENALTIES PER VIOLATION &

MAX.

$27,500/$220,000.

42 U.S.C. 7413(d)(3) .......... CLEAN AIR ACT/MINOR VIOLATIONS/STATIONARY AIR POLLUTION

SOURCES—FIELD CITATIONS.

$5,500.

42 U.S.C. 7524(a) ............... TAMPERING OR MANUFACTURE/SALE OF DEFEAT DEVICES IN VIOLATION

OF 7522(a)(3)(A) OR (a)(3)(B)—BY PERSONS.

$2,750.

42 U.S.C. 7524(a) ............... VIOLATION OF 7522(a)(3)(A) OR (a)(3)(B)—BY MANUFACTURERS OR DEALERS; ALL VIOLATIONS OF 7522(a)(1),(2), (4),&(5) BY ANYONE.$27,500.

42 U.S.C. 7524(c) ............... ADMINISTRATIVE PENALTIES AS SET IN 7524(a) & 7545(d) WITH A MAXIMUM

ADMINISTRATIVE PENALTY.

$220,000.

42 U.S.C. 7545(d) ............... VIOLATIONS OF FUELS REGULATIONS ................................................................... $27,500.

42 U.S.C. 9604(e)(5)(B) ...... SUPERFUND AMEND. & REAUTHORIZATION ACT/NONCOMPLIANCE W/REQUEST FOR INFO OR ACCESS.$27,500.

42 U.S.C. 9606(b)(1) .......... SUPERFUND/WORK NOT PERFORMED W/IMMINENT, SUBSTANTIAL

ENDANGERMENT.

$27,500.

42 U.S.C. 9609 (a) & (b) .... SUPERFUND/ADMIN. PENALTY VIOLATIONS UNDER 42 U.S.C. SECT. 9603,

9608, OR 9622.

$27,500.

42 U.S.C. 9609(b) ............... SUPERFUND/ADMIN. PENALTY VIOLATIONS—SUBSEQUENT .............................. $82,500.

42 U.S.C. 9609(c) ............... SUPERFUND/CIVIL JUDICIAL PENALTY/VIOLATIONS OF SECT. 9603, 9608,

9622.

$27,500.

42 U.S.C. 9609(c) ............... SUPERFUND/CIVIL JUDICIAL PENALTY/SUBSEQUENT VIOLATIONS OF SECT.

9603, 9608, 9622.

$82,500.

42 U.S.C. 11045 (a) & (b)

(1), (2) & (3).

EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT CLASS I & II

ADMINISTRATIVE AND CIVIL PENALTIES.

$27,500.

42 U.S.C. 11045(b) (2) &

(3).

EPCRA CLASS I & II ADMINISTRATIVE AND CIVIL PENALTIES—SUBSEQUENT

VIOLATIONS.

$82,500.

42 U.S.C. 11045(c)(1) ......... EPCRA CIVIL AND ADMINISTRATIVE REPORTING PENALTIES FOR VIOLATIONS OF SECTIONS 11022 OR 11023.$27,500.

42 U.S.C. 11045(c)(2) ......... EPCRA CIVIL AND ADMINISTRATIVE REPORTING PENALTIES FOR VIOLATIONS OF SECTIONS 11021 OR 11043(b).$11,000.

42 U.S.C. 11045(d)(1) ........ EPCRA—FRIVOLOUS TRADE SECRET CLAIMS—CIVIL AND ADMINISTRATIVE

PENALTIES.

$27,500.
Federal Register / Vol. 62, No. 54 / Thursday, March 20, 1997 / Rules and Regulations 13517

PART 27—[CORRECTED]

On page 69366, in the first column,

the amendatory instruction identified as

number ‘‘4’’ is corrected to ‘‘3’’.

Michael M. Stahl,

Deputy Assistant Administrator, Office of

Enforcement and Compliance Assurance.

[FR Doc. 97–7069 Filed 3–19–97; 8:45 am]

BILLING CODE 6560–50–P