1190 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / 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.’’ 

is incorporated by reference in the Code 

of Federal Regulations, and thus more 

effective in supporting USPS efforts 

related to compliance and enforcement. 

The Postal Service expects that 

incorporation by reference of 

Publication 52 in the Code of Federal 

Regulations, will increase the visibility 

of the mailing standards contained in 

Publication 52 and thereby maximize 

their effectiveness and usefulness. 

Since their removal from the DMM, 

the mailing standards provided in 

Publication 52 have undergone few 

changes of significance; indeed, several 

of those changes have expanded the 

options available to HAZMAT mailers. 

With regard to changes having a wider 

impact on mailers, such as those 

required to conform Publication 52 to 

the revised standards for the shipment 

of lithium batteries established by the 

Pipeline and Hazardous Materials Safety 

Administration (PHMSA) and the 

International Civil Aviation 

Organization (ICAO), the Postal Service 

has been careful to provide advance 

notice to interested parties, with an 

opportunity to comment, and to shape 

the final standards in response to the 

comments received. See, e.g. 82 FR 

11372 (February 22, 2017), and 82 FR 

34712 (July 26, 2017). Relating to 

violations of mailing standards for 

hazardous materials, the Postal Service 

currently has civil enforcement 

authority granted by the Postal 

Accountability and Enhancement Act of 

2006, and authority to assess criminal 

penalties under 18 U.S.C. 1716. As a 

result, the Postal Service believes that 

the incorporation by reference of 

Publication 52 should have little or no 

impact on mailers of hazardous, 

restricted, or perishable materials, and 

the Postal Service would expect few 

comments in response to a proposed 

rule. Accordingly, the Postal Service has 

chosen to publish only a final rule in 

support of this action. 

The Postal Service further believes 

that incorporation by reference of 

Publication 52 is justified in view of the 

unique qualities of the publication, 

including its length, the detailed 

description of conditions relating to the 

mailing of hazardous, restricted, or 

perishable materials, and the presence 

of numerous color figures and images in 

the document. In addition, the potential 

for serious injury to Postal Service 

employees and the general public, as 

well as the potential for damage to 

USPS equipment and other assets 

resulting from improperly prepared, 

packaged, or marked hazardous 

materials, provide support for the 

incorporation by reference of a separate 

publication dealing specifically with 

such matters. 

List of Subjects in 39 CFR Part 113 

Hazardous, restricted, and perishable 

mail, Incorporation by reference. 

■ In consideration of the matters 

discussed above, the Postal Service adds 

new 39 CFR part 113 as follows: 

PART 113—HAZARDOUS, 

RESTRICTED, AND PERISHABLE MAIL 

Sec. 

113.1 Scope and purpose. 

113.2 Incorporation by reference. 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201– 

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, and 5001. 

§ 113.1 Scope and purpose. 

This part applies to the mailing and 

shipment of hazardous, restricted, and 

perishable materials. In order to mail 

hazardous, restricted, and perishable 

materials, mailers must properly 

prepare their mailings in accordance 

with the standards contained in USPS 

Publication 52 (incorporated by 

reference, see § 113.2). 

§ 113.2 Incorporation by reference. 

(a) Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. All approved material is 

available for inspection by appointment 

only, during normal hours of operation, 

at the U.S. Postal Service Library, 475 

L’Enfant Plaza West SW, Washington, 

DC 20260–1641 (call 202–268–2906), 

and is available from the sources listed 

below. It is also available for inspection 

at the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030 or 

go to www.archives.gov/federal-register/ 

cfr/ibr-locations.html. 

(b) United States Postal Service, 

Product Classification Office, USPS 

Headquarters, 475 L’Enfant Plaza SW, 

Room 4446, Washington, DC 20260– 

5013: http://pe.usps.com/text/pub52/ 

welcome.htm. 

(1) Publication 52, Hazardous, 

Restricted and Perishable Mail, dated 

August 2017, IBR approved for § 113.1. 

(2) [Reserved] 

Stanley F. Mires, 

Attorney, Federal Compliance. 

[FR Doc. 2018–00266 Filed 1–9–18; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 19 

[FRL–9972–92–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 

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, 2018. 

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 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations 1191 

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 Penalty 

Inflation Adjustments for 2018, Pursuant to the 

Federal Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 (OMB Memorandum M– 

18–03) at p. 1 (December 15, 2017). 5See OMB Memorandum M–18–03 at p. 4. 

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), and EPA made its first 

annual adjustment on January 12, 2017, 

which was effective January 15, 2017 

(82 FR 3633). Today’s rule implements 

the second annual penalty inflation 

adjustments mandated by the 2015 Act. 

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 2017 

exceeds the CPI–U for the month of 

October 2016. 

With this rule, the new statutory 

maximum (or minimum 3) penalty levels 

listed in the sixth column of Table 2 of 

40 CFR 19.4 will apply to all civil 

penalties assessed on or after January 

15, 2018, for violations that occurred 

after November 2, 2015, when the 2015 

Act was enacted. The former maximum 

statutory civil penalty levels, which are 

in the fifth column of Table 2 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 15, 2017 but before January 

15, 2018. The statutory penalty levels 

for violations that occurred after 

November 2, 2015, where the penalties 

were assessed on or after August 1, 2016 

but before January 15, 2017, are codified 

in the fourth column of Table 2 to 40 

CFR 19.4. The statutory civil penalty 

levels that apply to violations that 

occurred on or before November 2, 

2015, are codified at Table 1 to 40 CFR 

19.4. 

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 2018, based on the CPI– 

U of October 2017, is 1.02041.4 Multiply 

1.02041 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 the second 

annual adjustments no later than 

January 15, 2018. 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 2018 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 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Executive Order 13771: Reducing 

Regulations and Controlling Regulatory 

Costs 

This action is not an Executive Order 

13771 regulatory action because this 

action is not significant under Executive 

Order 12866. 

C. 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 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. 

D. 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. 


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1192 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations 

6See OMB Memorandum M–18–03 at p. 4. 

E. 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. 

F. 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. 

G. 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. 

H. 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. 

I. 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. 

J. National Technology Transfer and 

Advancement Act (NTTAA) 

The rulemaking does not involve 

technical standards. 

K. 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. 

L. 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 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 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,6 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, 2018. 

E. Scott Pruitt, 

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 statutory 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 were 

assessed before August 1, 2016. The 

statutory civil penalty levels set forth in 

the fourth column of Table 2 of § 19.4 

apply to all violations which occurred 

after November 2, 2015, where the 

penalties were assessed on or after 

August 1, 2016 and before January 15, 

2017. The statutory civil penalty levels 

set forth in the fifth column of Table 2 

of § 19.4 apply to all violations which 

occurred after November 2, 2015, where 

the penalties were assessed after January 

15, 2017 but before January 15, 2018. 

The statutory civil penalty levels set 

forth in the sixth and last column of 

Table 2 of § 19.4 apply to all violations 

which occur or occurred after November 

2, 2015, where the penalties are 

assessed after January 15, 2018. 

■ 3. In § 19.4, revise 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 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. Table 2 to § 19.4 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 

were assessed on or after August 1, 2016 

but before January 15, 2017, for 

violations that occurred after November 

2, 2015. The fifth column displays the 

operative statutory civil penalty levels 


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Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations 1193 

where penalties are assessed on or after 

January 15, 2017 but before January 15, 

2018, for violations that occur or 

occurred after November 2, 2015. The 

sixth and last column displays the 

operative statutory civil penalty levels 

where penalties are assessed on or after 

January 15, 2018, for violations that 

occur or 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, 

where penalties are 

assessed on or 

after August 1, 

2016 but before 

January 15, 2017 

Statutory civil penalties for violations 

that occurred after 

November 2, 2015, 

where penalties are 

assessed on or 

after January 15, 

2017 but before 

January 15, 2018 

Statutory civil penalties for violations 

that occurred after 

November 2, 2015, 

where penalties are 

assessed on or 

after January 15, 

2018 

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

AND RODENTICIDE ACT (FIFRA).

$5,000 $18,750 $19,057 $19,446 

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 2,852/1,838/2,795 

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

(TSCA).

25,000 37,500 38,114 38,892 

15 U.S.C. 2647(a) ................... TSCA ........................................................... 5,000 10,781 10,957 11,181 

15 U.S.C. 2647(g) ................... TSCA ........................................................... 5,000 8,908 9,054 9,239 

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

ACT (PFCRA).

5,000 10,781 10,957 11,181 

31 U.S.C. 3802(a)(2) ............... PFCRA ........................................................ 5,000 10,781 10,957 11,181 

33 U.S.C. 1319(d) ................... CLEAN WATER ACT (CWA) ...................... 25,000 51,570 52,414 53,484 

33 U.S.C. 1319(g)(2)(A) .......... CWA ............................................................ 10,000/25,000 20,628/51,570 20,965/52,414 21,393/53,484 

33 U.S.C. 1319(g)(2)(B) .......... CWA ............................................................ 10,000/125,000 20,628/257,848 20,965/262,066 21,393/267,415 

33 U.S.C. 1321(b)(6)(B)(i) ....... CWA ............................................................ 10,000/25,000 17,816/44,539 18,107/45,268 18,477/46,192 

33 U.S.C. 1321(b)(6)(B)(ii) ...... CWA ............................................................ 10,000/125,000 17,816/222,695 18,107/226,338 18,477/230,958 

33 U.S.C. 1321(b)(7)(A) .......... CWA ............................................................ 25,000/1,000 44,539/1,782 45,268/1,811 46,192/1,848 

33 U.S.C. 1321(b)(7)(B) .......... CWA ............................................................ 25,000 44,539 45,268 46,192 

33 U.S.C. 1321(b)(7)(C) .......... CWA ............................................................ 25,000 44,539 45,268 46,192 

33 U.S.C. 1321(b)(7)(D) .......... CWA ............................................................ 100,000/3,000 178,156/5,345 181,071/5,432 184,767/5,543 

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

AND SANCTUARIES ACT (MPRSA).

600 1,187 1,206 1,231 

33 U.S.C. 1415(a) ................... MPRSA ........................................................ 50,000/125,000 187,500/247,336 190,568/251,382 194,457/256,513 

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 14,177/35,440 

33 U.S.C. 1901 note (see 

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

CACSO ........................................................ 10,000/125,000 13,669/170,861 13,893/173,656 14,177/177,200 

33 U.S.C. 1901 note (see 

1409(b)(1)).

CACSO ........................................................ 25,000 34,172 34,731 35,440 

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

SHIPS (APPS).

25,000 70,117 71,264 72,718 

33 U.S.C. 1908(b)(2) ............... APPS ........................................................... 5,000 14,023 14,252 14,543 

42 U.S.C. 300g–3(b) ............... SAFE DRINKING WATER ACT (SDWA) ... 25,000 53,907 54,789 55,907 

42 U.S.C. 300g–3(g)(3)(A) ...... SDWA .......................................................... 25,000 53,907 54,789 55,907 

42 U.S.C. 300g–3(g)(3)(B) ...... SDWA .......................................................... 5,000/25,000 10,781/37,561 10,957/38,175 11,181/38,954 

42 U.S.C. 300g–3(g)(3)(C) ...... SDWA .......................................................... 25,000 37,561 38,175 38,954 

42 U.S.C. 300h–2(b)(1) ........... SDWA .......................................................... 25,000 53,907 54,789 55,907 

42 U.S.C. 300h–2(c)(1) ........... SDWA .......................................................... 10,000/125,000 21,563/269,535 21,916/273,945 22,363/279,536 

42 U.S.C. 300h–2(c)(2) ........... SDWA .......................................................... 5,000/125,000 10,781/269,535 10,957/273,945 11,181/279,536 

42 U.S.C. 300h–3(c) ............... SDWA .......................................................... 5,000/10,000 18,750/40,000 19,057/40,654 19,446/41,484 

42 U.S.C. 300i(b) .................... SDWA .......................................................... 15,000 22,537 22,906 23,374 

42 U.S.C. 300i–1(c) ................. SDWA .......................................................... 100,000/1,000,000 131,185/1,311,850 133,331/1,333,312 136,052/1,360,525 

42 U.S.C. 300j(e)(2) ................ SDWA .......................................................... 2,500 9,375 9,528 9,722 

42 U.S.C. 300j–4(c) ................. SDWA .......................................................... 25,000 53,907 54,789 55,907 

42 U.S.C. 300j–6(b)(2) ............ SDWA .......................................................... 25,000 37,561 38,175 38,954 

42 U.S.C. 300j–23(d) .............. SDWA .......................................................... 5,000/50,000 9,893/98,935 10,055/100,554 10,260/102,606 

42 U.S.C. 4852d(b)(5) ............. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT OF 1992.10,000 16,773 17,047 17,395 

42 U.S.C. 4910(a)(2) ............... NOISE CONTROL ACT OF 1972 ............... 10,000 35,445 36,025 36,760 

42 U.S.C. 6928(a)(3) ............... RESOURCE CONSERVATION AND RECOVERY ACT (RCRA).25,000 93,750 95,284 97,229 

42 U.S.C. 6928(c) ................... RCRA .......................................................... 25,000 56,467 57,391 58,562 

42 U.S.C. 6928(g) ................... RCRA .......................................................... 25,000 70,117 71,264 72,718 

42 U.S.C. 6928(h)(2) ............... RCRA .......................................................... 25,000 56,467 57,391 58,562 

42 U.S.C. 6934(e) ................... RCRA .......................................................... 5,000 14,023 14,252 14,543 

42 U.S.C. 6973(b) ................... RCRA .......................................................... 5,000 14,023 14,252 14,543 

42 U.S.C. 6991e(a)(3) ............. RCRA .......................................................... 25,000 56,467 57,391 58,562 

42 U.S.C. 6991e(d)(1) ............. RCRA .......................................................... 10,000 22,587 22,957 23,426 

42 U.S.C. 6991e(d)(2) ............. RCRA .......................................................... 10,000 22,587 22,957 23,426 

42 U.S.C. 7413(b) ................... CLEAN AIR ACT (CAA) .............................. 25,000 93,750 95,284 97,229 

42 U.S.C. 7413(d)(1) ............... CAA ............................................................. 25,000/200,000 44,539/356,312 45,268/362,141 46,192/369,532 

42 U.S.C. 7413(d)(3) ............... CAA ............................................................. 5,000 8,908 9,054 9,239 

42 U.S.C. 7524(a) ................... CAA ............................................................. 25,000/2,500 44,539/4,454 45,268/4,527 46,192/4,619 

42 U.S.C. 7524(c)(1) ............... CAA ............................................................. 200,000 356,312 362,141 369,532 

42 U.S.C. 7545(d)(1) ............... CAA ............................................................. 25,000 44,539 45,268 46,192 

42 U.S.C. 9604(e)(5)(B) .......... COMPREHENSIVE ENVIRONMENTAL 

RESPONSE, COMPENSATION, AND 

LIABILITY ACT (CERCLA).

25,000 53,907 54,789 55,907 

42 U.S.C. 9606(b)(1) ............... CERCLA ...................................................... 25,000 53,907 54,789 55,907 

42 U.S.C. 9609(a)(1) ............... CERCLA ...................................................... 25,000 53,907 54,789 55,907 


jstallworth on DSKBBY8HB2PROD with RULES
1194 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations 

1On September 6, 2017 (82 FR 42055), EPA 

reopened the comment period for the proposed 

rule, with comments due on or before September 

21, 2017. 

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, 

where penalties are 

assessed on or 

after August 1, 

2016 but before 

January 15, 2017 

Statutory civil penalties for violations 

that occurred after 

November 2, 2015, 

where penalties are 

assessed on or 

after January 15, 

2017 but before 

January 15, 2018 

Statutory civil penalties for violations 

that occurred after 

November 2, 2015, 

where penalties are 

assessed on or 

after January 15, 

2018 

42 U.S.C. 9609(b) ................... CERCLA ...................................................... 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722 

42 U.S.C. 9609(c) ................... CERCLA ...................................................... 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722 

42 U.S.C. 11045(a) ................. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA).25,000 53,907 54,789 55,907 

42 U.S.C. 11045(b)(1)(A) ........ EPCRA ........................................................ 25,000 53,907 54,789 55,907 

42 U.S.C. 11045(b)(2) ............. EPCRA ........................................................ 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722 

42 U.S.C. 11045(b)(3) ............. EPCRA ........................................................ 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722 

42 U.S.C. 11045(c)(1) ............. EPCRA ........................................................ 25,000 53,907 54,789 55,907 

42 U.S.C. 11045(c)(2) ............. EPCRA ........................................................ 10,000 21,563 21,916 22,363 

42 U.S.C. 11045(d)(1) ............. EPCRA ........................................................ 25,000 53,907 54,789 55,907 

42 U.S.C. 14304(a)(1) ............. MERCURY-CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT ACT (BATTERY ACT).10,000 15,025 15,271 15,583 

42 U.S.C. 14304(g) ................. BATTERY ACT ........................................... 10,000 15,025 15,271 15,583 

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. 2018–00287 Filed 1–9–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–0085; FRL–9972–85– 

Region 4] 

Air Plan Approval; NC; Open Burning 

and Miscellaneous Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Due to adverse comments 

received, the Environmental Protection 

Agency (EPA) is amending the North 

Carolina State Implementation Plan 

(SIP) to remove some provisions made 

effective through the direct final rule 

that was published on July 18, 2017. 

EPA stated that if adverse comments 

were received by the close of the 

comment period, the rule would be 

withdrawn and not take effect, or if 

adverse comments were received on an 

amendment, paragraph, or section of the 

rule, EPA may adopt as final those 

provisions of the rule that are not the 

subject of an adverse comment. EPA 

received adverse comments on two 

specific SIP revisions. Therefore, EPA is 

removing only the portions of the SIP 

related to those two revisions. 

DATES: This rule is effective January 10, 

2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2007–0085. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information may not be 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: 

Nacosta C. Ward, 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. Ward can be 

reached via telephone at (404) 562– 

9140, or via electronic mail at 

ward.nacosta@epa.gov. 

SUPPLEMENTARY INFORMATION: On July 

18, 2017, EPA published a direct final 

rule (82 FR 32767) approving several 

revisions to the North Carolina SIP. The 

revisions consisted of changes to or the 

addition of the following regulations: 

15A NCAC Subchapter 2D—Air 

Pollution Control Requirements, Section 

.0101, Definitions; Section .0103, Copies 

of Referenced Federal Regulations; 

Section .1901 Purpose, Scope, and 

Impermissible Open Burning Section; 

.1902, Definitions; Section .1903, 

Permissible Open Burning Without An 

Air Quality Permit; Section .2001, 

Purpose, Scope, and Applicability; and 

15A NCAC Subchapter 2Q—Air Quality 

Permits, Section .0103, Definitions; 

Section .0105, Copies of Referenced 

Documents; Section .0304, 

Applications; Section .0305, 

Application Submittal Content; Section 

.0806, Cotton Gins; Section .0808, Peak 

Shaving Generators; and Section .0810, 

Air Curtain Burners. On the same day, 

EPA published proposed rule (82 FR 

32782), proposing approval of those 

same revisions to the North Carolina SIP 

and providing a 30-day comment period 

for both the direct final rule and the 

proposed rule.1 The direct final rule 

explained that if EPA received adverse 

comments, the Agency would withdraw 

the relevant portion(s) of the direct final 

action. EPA received adverse comments 

on the portions of the rulemaking 

related to the North Carolina regulations 

15A NCAC Subchapter 2Q—Air Quality 

Permits, Section .0808, Peak Shaving 

Generators, and Section .0810, Air 

Curtain Burners, only. However, EPA 

was not able to withdraw these portions 

of the direct final action before the 

action became effective. Therefore, EPA 

is amending § 52.1770 by removing the 

portions of the SIP related to these two 

North Carolina regulations. EPA is not 


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